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Marketing Services Agreement
"I need a Marketing Services Agreement for engaging a digital marketing agency in Ireland to handle our social media management and content creation, with specific KPI requirements and monthly reporting obligations, starting January 2025."
1. Parties: Identification of the service provider and client with full legal names and addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and interpretation rules
4. Scope of Services: Detailed description of the marketing services to be provided
5. Term and Termination: Duration of the agreement and circumstances for termination
6. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing requirements
7. Service Provider's Obligations: Key responsibilities and commitments of the marketing service provider
8. Client's Obligations: Client's responsibilities including provision of materials and approvals
9. Approval Process: Process for submitting, reviewing, and approving marketing materials
10. Intellectual Property Rights: Ownership and usage rights of marketing materials and pre-existing IP
11. Data Protection and Privacy: GDPR compliance and data processing obligations
12. Confidentiality: Protection of confidential information exchanged during the service provision
13. Warranties and Representations: Standard warranties regarding service quality and compliance with laws
14. Limitation of Liability: Caps on liability and exclusions of certain types of damages
15. Insurance: Required insurance coverage for both parties
16. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Social Media Management: Specific terms for social media account management and content posting
2. Content Creation: Terms specific to creation of marketing content including ownership and usage rights
3. Event Management: Terms for organizing and managing marketing events
4. Influencer Marketing: Terms governing relationships with influencers and content creators
5. Performance Metrics: KPIs and measurement criteria for marketing success
6. Crisis Management: Procedures for handling marketing-related crisis situations
7. Competition Compliance: Specific provisions ensuring compliance with competition laws
8. Third-Party Vendors: Terms governing use of subcontractors or third-party service providers
9. International Marketing: Additional terms for cross-border marketing activities
1. Schedule 1 - Services Description: Detailed breakdown of marketing services including deliverables and timelines
2. Schedule 2 - Fee Schedule: Detailed pricing structure including rates for different services
3. Schedule 3 - Service Levels: Performance standards and response times for various services
4. Schedule 4 - Approved Subcontractors: List of pre-approved third-party vendors or subcontractors
5. Schedule 5 - Brand Guidelines: Client's branding requirements and usage guidelines
6. Schedule 6 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
7. Schedule 7 - Approval Matrix: Matrix showing approval requirements for different types of deliverables
8. Appendix A - Contact Details: Key contacts for both parties including escalation procedures
Authors
Applicable Laws
Approved Purpose
Background IP
Brand Guidelines
Business Day
Campaign
Client
Client Materials
Commencement Date
Confidential Information
Content
Deliverables
Digital Assets
Effective Date
Fees
Force Majeure Event
GDPR
Good Industry Practice
Initial Term
Intellectual Property Rights
Key Performance Indicators
Marketing Materials
Marketing Plan
Marketing Strategy
Personal Data
Personnel
Project
Project Brief
Related Persons
Renewal Term
Representatives
Services
Service Levels
Social Media Accounts
Specifications
Subcontractor
Term
Territory
Third Party Materials
Working Hours
Appointment
Term
Services
Service Levels
Fees and Payment
Client Obligations
Service Provider Obligations
Approval Process
Change Control
Performance Monitoring
Intellectual Property Rights
Data Protection
Confidentiality
Marketing Standards
Compliance with Laws
Personnel
Subcontracting
Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Termination
Exit Management
Non-Solicitation
Assignment
Notices
Entire Agreement
Variation
Waiver
Severability
Third Party Rights
Counterparts
Governing Law
Dispute Resolution
Retail
Technology
Financial Services
Healthcare
Consumer Goods
Professional Services
Entertainment
Education
Manufacturing
Hospitality
Real Estate
Non-Profit
Telecommunications
Automotive
Energy
Marketing
Legal
Procurement
Finance
Business Development
Operations
Digital
Brand Management
Creative Services
Communications
Compliance
Commercial
Chief Marketing Officer
Marketing Director
Brand Manager
Marketing Manager
Digital Marketing Manager
Content Manager
Social Media Manager
Marketing Operations Manager
Chief Commercial Officer
Procurement Manager
Legal Counsel
Contract Manager
Business Development Manager
Account Director
Project Manager
Marketing Coordinator
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