Marketing Sales Agreement Template for India

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Key Requirements PROMPT example:

Marketing Sales Agreement

"I need a Marketing Sales Agreement for appointing an exclusive marketing agency to handle our e-commerce product launches in South India, including digital marketing campaigns and social media management, with a minimum sales target of INR 2 crore per quarter starting March 2025."

Document background
The Marketing Sales Agreement is a crucial commercial document used in the Indian business context to formalize arrangements between parties for marketing and sales activities. This agreement is particularly relevant when companies seek to engage external marketing agencies, sales representatives, or establish internal marketing arrangements. The document addresses key aspects such as service scope, territorial rights, performance metrics, compensation structures, and compliance with Indian regulatory requirements including the Indian Contract Act, Consumer Protection Act, and advertising standards. It's designed to protect both parties' interests while ensuring clear accountability and measurable outcomes in marketing and sales activities. The agreement is especially important in the Indian market where business relationships often require detailed documentation and clear compliance frameworks.
Suggested Sections

1. Parties: Identification and details of the contracting parties including registered addresses and company registration numbers

2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of entering into the agreement

3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation

4. Appointment and Scope: Terms of appointment, exclusivity (if any), and detailed scope of marketing and sales services

5. Territory and Market: Geographic areas and market segments covered under the agreement

6. Marketing Obligations: Specific marketing responsibilities, campaign requirements, and performance standards

7. Sales Targets and Quotas: Minimum sales requirements, periodic targets, and measurement criteria

8. Compensation and Payment Terms: Fee structure, commission rates, payment schedule, and invoicing procedures

9. Intellectual Property Rights: Ownership and usage rights of marketing materials, trademarks, and other IP

10. Compliance and Regulatory Requirements: Obligations to comply with applicable laws, advertising standards, and industry regulations

11. Reporting and Review: Regular reporting requirements, performance reviews, and monitoring procedures

12. Term and Termination: Duration of agreement, renewal terms, and termination conditions

13. Confidentiality: Protection and handling of confidential information

14. Representations and Warranties: Standard warranties and representations from both parties

15. Liability and Indemnification: Limitation of liability and mutual indemnification provisions

16. General Provisions: Standard boilerplate clauses including notices, assignment, force majeure, and governing law

Optional Sections

1. Data Protection and Privacy: Detailed provisions for handling personal data and privacy compliance - required if marketing activities involve data collection

2. Digital Marketing Provisions: Specific terms for online marketing activities - include if digital marketing is part of scope

3. Training and Support: Requirements for training sales team or providing marketing support - include for complex products/services

4. Non-Compete and Non-Solicitation: Restrictions on competitive activities - include if protecting market position is crucial

5. Marketing Budget and Expenses: Detailed provisions about marketing spend and expense sharing - include if significant marketing expenditure is involved

6. Performance Incentives: Additional bonus structures or incentive schemes - include for performance-based arrangements

7. Dispute Resolution: Specific procedures for resolving disputes - include for high-value or complex arrangements

Suggested Schedules

1. Schedule 1 - Service Level Agreement: Detailed performance metrics, response times, and service standards

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

3. Schedule 3 - Marketing Guidelines: Brand guidelines, approved marketing practices, and promotional requirements

4. Schedule 4 - Reporting Templates: Standard formats for regular reporting and performance tracking

5. Schedule 5 - Territory Details: Specific definition of geographic territories and market segments

6. Appendix A - Approved Marketing Materials: List of pre-approved marketing materials and templates

7. Appendix B - Compliance Checklist: Regulatory and compliance requirements checklist

8. Appendix C - Contact Details: Key personnel and escalation matrix for both parties

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

Consumer Goods

Technology

Healthcare

Financial Services

Telecommunications

Manufacturing

Professional Services

Media and Entertainment

Education

Real Estate

Automotive

Fashion and Apparel

Food and Beverage

Relevant Teams

Legal

Marketing

Sales

Business Development

Commercial

Procurement

Finance

Compliance

Operations

Brand Management

Relevant Roles

Chief Marketing Officer

Sales Director

Marketing Manager

Business Development Manager

Brand Manager

Sales Operations Manager

Digital Marketing Manager

Regional Sales Manager

Marketing Communications Manager

Account Manager

Legal Counsel

Procurement Manager

Contract Manager

Commercial Director

General Manager

Industries
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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