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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."
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
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
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
Applicable Laws
Approved Marketing Channels
Brand Guidelines
Business Day
Campaign
Commencement Date
Commission
Confidential Information
Customer
Data Protection Laws
Deliverables
Digital Marketing Services
Effective Date
Force Majeure Event
GDPR
Intellectual Property Rights
Key Performance Indicators
Marketing Materials
Marketing Plan
Marketing Services
Net Sales
Party/Parties
Performance Metrics
Personal Data
Principal
Products
Qualified Lead
Quarter
Revenue
Sales Target
Services
Service Provider
Social Media Platforms
Target Market
Term
Territory
Trade Marks
Working Hours
Term and Duration
Services Scope
Territory
Performance Obligations
Marketing Requirements
Sales Targets
Commission Structure
Payment Terms
Intellectual Property Rights
Confidentiality
Data Protection
GDPR Compliance
Marketing Standards
Brand Protection
Quality Control
Reporting Requirements
Non-Competition
Non-Solicitation
Representations and Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Termination
Post-Termination Obligations
Assignment
Amendments
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Third-Party Rights
Counterparts
Retail
E-commerce
Technology
Financial Services
Professional Services
Consumer Goods
Healthcare
Manufacturing
Entertainment
Education
Telecommunications
Real Estate
Hospitality
Media and Advertising
Marketing
Sales
Legal
Compliance
Business Development
Commercial Operations
Brand Management
Digital Marketing
Contract Administration
Finance
Account Management
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
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