Simple Marketing Contract Template for England and Wales

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Key Requirements PROMPT example:

Simple Marketing Contract

"I need a Simple Marketing Contract to hire a digital marketing agency for our e-commerce business, focusing on social media management and content creation, with a 12-month term starting January 2025 and monthly performance reviews."

Document background
The Simple Marketing Contract is designed for businesses seeking to formalize marketing arrangements in England and Wales. This contract type is particularly useful for companies engaging external marketing services, whether through agencies or freelancers. It encompasses essential elements such as service specifications, deliverables, payment terms, and compliance with UK marketing regulations. The document is structured to protect both parties' interests while maintaining flexibility for various marketing activities. It's specifically crafted to align with English and Welsh legal requirements, including data protection, consumer protection, and advertising standards.
Suggested Sections

1. Parties: Identifies the contracting parties and their legal details

2. Background: Explains the context and purpose of the marketing agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the marketing services to be provided

5. Term and Termination: Specifies duration and termination conditions

6. Payment Terms: Outlines fees, payment schedule, and invoicing

7. Intellectual Property Rights: Addresses ownership and usage of marketing materials

Optional Sections

1. Performance Metrics: Defines KPIs and success metrics when specific performance targets are required

2. Data Protection: Detailed data handling provisions when personal data processing is involved

3. Exclusivity: Provisions for exclusive marketing rights when exclusive arrangements are needed

4. Sub-contracting: Rules for engaging third parties when sub-contractors may be involved

Suggested Schedules

1. Schedule 1: Service Description: Detailed breakdown of marketing services

2. Schedule 2: Fee Schedule: Detailed pricing and payment terms

3. Schedule 3: Brand Guidelines: Client's branding requirements and specifications

4. Schedule 4: KPI Metrics: Detailed performance indicators and measurement criteria

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

UK GDPR and Data Protection: UK General Data Protection Regulation and Data Protection Act 2018 governing the processing, storage, and handling of personal data in marketing activities

PECR 2003: Privacy and Electronic Communications Regulations covering electronic marketing communications, cookies, and privacy in electronic communications

Consumer Protection Regulations 2008: Regulations protecting consumers from unfair trading practices and misleading marketing claims

Consumer Rights Act 2015: Legislation establishing consumer rights and business obligations in marketing and selling to consumers

Consumer Contracts Regulations 2013: Rules governing distance selling and online contracts with consumers, including marketing aspects

CAP Code: UK Code of Non-broadcast Advertising and Direct & Promotional Marketing - self-regulatory rules for non-broadcast marketing communications

BCAP Code: UK Code of Broadcast Advertising governing standards for broadcast marketing and advertising

Competition Act 1998: Legislation preventing anti-competitive practices in marketing and business operations

Copyright, Designs and Patents Act 1988: Protection of intellectual property rights in marketing materials and creative content

Trade Marks Act 1994: Protection of brands and trademarks in marketing activities

E-commerce Regulations 2002: Electronic Commerce Regulations governing online marketing and commercial communications

Unfair Contract Terms Act 1977: Legislation controlling unfair terms in contracts, including marketing agreements

Misrepresentation Act 1967: Law governing false or misleading statements in marketing and contractual relationships

Financial Services and Markets Act 2000: Regulations for marketing financial products and services, if applicable

Gambling Act 2005: Regulations for marketing gambling products and services, if applicable

Food Safety Act 1990: Requirements for marketing food products, if applicable

Employment Rights Act 1996: Employment law considerations when working with influencers or marketing contractors

Equality Act 2010: Anti-discrimination legislation affecting marketing content and employment practices

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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