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Sales And Marketing Services Agreement
"I need a Sales And Marketing Services Agreement for my tech startup to engage a digital marketing agency to handle our social media presence and lead generation, with specific KPIs for customer acquisition and a monthly retainer fee structure starting from January 2025."
1. Parties: Identification and details of the contracting parties
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of marketing and sales services to be provided
5. Payment Terms: Fees, payment schedule, and invoicing requirements
6. Term and Termination: Duration of agreement and termination provisions
7. Obligations of the Parties: Responsibilities and commitments of each party
8. Intellectual Property Rights: Ownership and usage rights of marketing materials and content
9. Confidentiality: Protection of confidential information
10. Data Protection: Compliance with GDPR and data protection laws
1. Service Levels: Specific performance metrics and standards - include when measurable targets are required
2. Territory: Geographic scope of services - include when services are limited to specific regions
3. Non-Compete: Restrictions on working with competitors - include when exclusivity is required
4. Insurance: Required insurance coverage - include when specific insurance requirements exist
5. Force Majeure: Provisions for unforeseeable circumstances - include for long-term commitments
1. Schedule 1 - Service Description: Detailed breakdown of services to be provided
2. Schedule 2 - Fee Schedule: Detailed pricing structure and payment terms
3. Schedule 3 - Service Levels: Performance metrics and KPIs
4. Schedule 4 - Approved Marketing Materials: Pre-approved content and branding guidelines
5. Schedule 5 - Data Processing Agreement: GDPR compliance details and data handling procedures
6. Schedule 6 - Contact Details: Key personnel and communication protocols
Authors
Applicable Laws
Approved Marketing Materials
Business Day
Client
Client Materials
Commencement Date
Confidential Information
Data Protection Legislation
Deliverables
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
Key Performance Indicators
Marketing Services
Personal Data
Sales Services
Service Levels
Service Provider
Services
Social Media Accounts
Target Market
Term
Territory
Working Hours
Appointment
Service Provider Obligations
Client Obligations
Service Standards
Performance Metrics
Fees and Payment
Intellectual Property Rights
Marketing Approvals
Confidentiality
Data Protection
Non-Compete
Non-Solicitation
Warranties
Indemnities
Limitation of Liability
Insurance
Term and Termination
Force Majeure
Assignment and Subcontracting
Notices
Entire Agreement
Variation
Waiver
Severability
Third Party Rights
Governing Law
Dispute Resolution
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