Sole Marketing Agreement Template for England and Wales

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Key Requirements PROMPT example:

Sole Marketing Agreement

"I need a Sole Marketing Agreement for my tech startup to engage a marketing agency for exclusive rights to promote our new software platform in the UK market, with specific KPIs and a minimum 18-month commitment starting from January 2025."

Document background
The Sole Marketing Agreement is utilized when a business wishes to establish an exclusive marketing relationship with a single provider in England and Wales. This contract type is particularly important when companies seek to maintain consistent brand messaging and avoid conflicts of interest in their marketing efforts. The agreement typically includes detailed provisions for marketing strategies, performance metrics, territorial rights, and compensation structures. It's designed to protect both parties' interests while ensuring compliance with UK advertising standards, consumer protection laws, and data protection regulations. The document is especially relevant in situations requiring coordinated marketing efforts, brand consistency, and clear accountability for marketing outcomes.
Suggested Sections

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. Appointment: Terms of exclusive marketing rights

5. Duration: Term of the agreement including start and end dates

6. Marketing Services: Specific marketing services to be provided

7. Fees and Payment: Payment terms, amounts, and payment schedule

8. Obligations: Responsibilities of both parties

9. Termination: Conditions for ending the agreement

Optional Sections

1. Performance Metrics: Specific KPIs and targets - use when measurable outcomes are required

2. Territory: Geographic scope of marketing rights - use when marketing is limited to specific regions

3. Intellectual Property: IP rights and usage - use when marketing involves brand assets or creative work

4. Non-Compete: Restrictions on working with competitors - use when exclusivity extends beyond the agreement

Suggested Schedules

1. Schedule of Services: Detailed breakdown of marketing services to be provided

2. Fee Schedule: Detailed breakdown of fees and payment structure

3. Marketing Materials: Examples or templates of approved marketing materials

4. KPI Schedule: Detailed performance metrics 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

Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Consumer Rights Act 2015: Primary consumer protection legislation governing contracts between traders and consumers, unfair terms, and consumer rights

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices between traders and consumers, including misleading actions and omissions

Business Protection from Misleading Marketing Regulations 2008: Regulates comparative advertising and prevents misleading marketing practices between businesses

Estate Agents Act 1979: Regulates the conduct of estate agents and sets requirements for property marketing services

The Property Ombudsman Code of Practice: Guidelines for best practices in property-related services and complaint handling procedures

Estate Agents (Provision of Information) Regulations 1991: Specifies information that must be provided by estate agents to clients

Unfair Contract Terms Act 1977: Controls the use of unfair terms in contracts, particularly exclusion and limitation clauses

Misrepresentation Act 1967: Provides remedies for false statements made during contract formation

UK General Data Protection Regulation (UK GDPR): Regulates the processing and handling of personal data in the UK post-Brexit

Data Protection Act 2018: Implements and supplements the UK GDPR, providing the UK's data protection framework

Competition Act 1998: Prohibits anti-competitive behavior and regulates agreements that may affect trade and competition

Enterprise Act 2002: Provides framework for merger control and market investigations in the UK

Electronic Commerce (EC Directive) Regulations 2002: Governs electronic commerce and online marketing activities in the UK

CAP Code: UK Code of Non-broadcast Advertising and Direct & Promotional Marketing, setting standards for advertising practices

Common Law Contract Principles: Fundamental principles of contract formation including offer, acceptance, consideration, and intention to create legal relations

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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