Marketing Sales Agreement Template for Ireland

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Key Requirements PROMPT example:

Marketing Sales Agreement

"I need a Marketing Sales Agreement for my digital marketing agency to provide social media marketing and lead generation services to a software company, with specific KPIs for lead generation and a commission structure based on converted sales."

Document background
The Marketing Sales Agreement is a crucial document for businesses operating in Ireland that wish to formalize their marketing and sales service relationships. This agreement is particularly relevant when engaging external marketing service providers or establishing structured sales arrangements. It encompasses essential elements such as service scope, performance metrics, compensation models, and compliance with Irish and EU regulations, including GDPR and consumer protection laws. The document is designed to protect both parties' interests while ensuring clarity in responsibilities, deliverables, and success metrics. It's particularly important in today's digital marketing landscape where data protection and consumer rights are paramount considerations under Irish jurisdiction.
Suggested Sections

1. Parties: Identifies and provides full legal details of all parties to the agreement

2. Background: Sets out the context and purpose of the agreement, including the basic commercial intent

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Appointment and Scope: Defines the nature of the marketing services to be provided and territory coverage

5. Term and Termination: Specifies the duration of the agreement and circumstances for termination

6. Marketing Obligations: Details the specific marketing activities, deliverables, and standards required

7. Sales Targets and Performance Metrics: Establishes quantifiable goals and KPIs for marketing and sales activities

8. Compensation and Payment Terms: Specifies fees, commission structures, and payment schedules

9. Intellectual Property Rights: Addresses ownership and usage rights of marketing materials and brand assets

10. Confidentiality: Protects sensitive business information shared between parties

11. Data Protection and GDPR Compliance: Ensures compliance with data protection laws in marketing activities

12. Representations and Warranties: States the parties' promises and guarantees regarding their capabilities and obligations

13. Liability and Indemnification: Sets out liability limitations and indemnification obligations

14. General Provisions: Contains standard legal clauses including governing law, notices, and amendment procedures

Optional Sections

1. Non-Compete: Restricts parties from engaging with competitors - include when exclusive arrangements are required

2. Training and Support: Details training provisions - include when the principal provides specific marketing or sales training

3. Marketing Budget: Specifies budget allocation and management - include when the agreement involves shared marketing costs

4. Reporting Requirements: Details specific reporting obligations - include when complex performance tracking is needed

5. Compliance with Industry Standards: Addresses specific industry regulations - include for regulated industries

6. Social Media Management: Details social media responsibilities and guidelines - include when social media marketing is part of scope

7. Customer Relationship Management: Specifies CRM system usage and responsibilities - include when shared CRM systems are used

8. Force Majeure: Addresses unforeseen circumstances - include when long-term or high-value contracts are involved

Suggested Schedules

1. Schedule 1 - Territory Definition: Detailed description of geographical areas covered by the agreement

2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods

3. Schedule 3 - Marketing Materials and Brand Guidelines: Specific requirements for marketing materials and brand usage

4. Schedule 4 - Performance Metrics and KPIs: Detailed metrics, targets, and measurement methodologies

5. Schedule 5 - Approved Marketing Channels: List of approved marketing channels and specific requirements for each

6. Appendix A - Standard Operating Procedures: Detailed procedures for marketing and sales activities

7. Appendix B - Reporting Templates: Standard templates for regular performance and activity reporting

8. Appendix C - Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures

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

Relevant legal definitions
Clauses
Relevant Industries

Retail

E-commerce

Technology

Financial Services

Professional Services

Consumer Goods

Healthcare

Manufacturing

Entertainment

Education

Telecommunications

Real Estate

Hospitality

Media and Advertising

Relevant Teams

Marketing

Sales

Legal

Compliance

Business Development

Commercial Operations

Brand Management

Digital Marketing

Contract Administration

Finance

Account Management

Relevant Roles

Marketing Director

Sales Manager

Business Development Manager

Chief Marketing Officer

Commercial Director

Marketing Operations Manager

Brand Manager

Digital Marketing Manager

Sales Operations Manager

Legal Counsel

Compliance Officer

Contract Manager

Account Manager

Marketing Consultant

Sales Representative

Industries
Consumer Protection Act 2007: Protects consumers from unfair commercial practices, misleading advertisements, and aggressive marketing techniques. Essential for ensuring marketing activities comply with Irish consumer protection standards.
General Data Protection Regulation (GDPR): EU-wide regulation implemented in Ireland through the Data Protection Act 2018, governing how personal data must be handled in marketing activities and customer relationships.
Sale of Goods and Supply of Services Act 1980: Governs contracts for the sale of goods and supply of services in Ireland, including implied terms and conditions in sales agreements.
Competition Act 2002: Ensures marketing and sales agreements don't contain anti-competitive provisions or abuse market dominance.
Commercial Agents Regulations 1994 (SI 33/1994): Regulates relationships between principals and commercial agents, particularly relevant if the marketing sales agreement involves independent sales agents.
Consumer Protection (Distance Selling) Regulations 2001: Governs contracts made at a distance (online, phone, mail), including requirements for information provision and cooling-off periods.
E-Commerce Act 2000: Regulates electronic commerce and provides legal framework for electronic contracts and digital signatures in marketing and sales agreements.
Advertising Standards Authority for Ireland (ASAI) Code: Though not legislation, this code sets important standards for marketing communications that should be reflected in marketing agreements.
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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