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Sole Marketing Agreement
"I need a Sole Marketing Agreement for my tech startup, granting exclusive marketing rights to an agency for promoting our AI software products across South India, with specific provisions for digital marketing and performance-based compensation structure, starting March 2025."
1. Parties: Identification of the principal company and the marketing agency/partner
2. Background: Context of the agreement and brief description of both parties' businesses
3. Definitions: Key terms used throughout the agreement including Territory, Marketing Services, Products/Services
4. Appointment and Scope: Exclusive appointment of marketing partner and detailed scope of marketing services
5. Term and Renewal: Duration of the agreement and conditions for renewal
6. Territory: Geographic area covered by the exclusive marketing rights
7. Marketing Partner's Obligations: Detailed responsibilities, performance standards, and reporting requirements
8. Principal's Obligations: Support, materials, and information to be provided by the principal company
9. Fees and Payment Terms: Compensation structure, payment schedule, and related financial terms
10. Intellectual Property Rights: Usage rights and restrictions regarding trademarks, logos, and marketing materials
11. Confidentiality: Protection of confidential information and trade secrets
12. Non-Compete and Exclusivity: Restrictions on working with competitors and exclusivity obligations
13. Termination: Grounds for termination and post-termination obligations
14. General Provisions: Standard clauses including notices, amendments, governing law, etc.
1. Digital Marketing Provisions: Specific terms for digital marketing activities, social media management, and online presence
2. Multi-territory Operations: Additional provisions for agreements covering multiple geographic regions or countries
3. Performance Incentives: Bonus structures and additional compensation based on achieving specific targets
4. Sub-contractor Rights: Terms governing the marketing partner's right to engage sub-contractors
5. Marketing Budget: Detailed provisions about marketing budget allocation and management
6. Crisis Management: Procedures for handling marketing-related crises or negative publicity
7. Data Protection: Specific provisions for handling customer data and compliance with data protection laws
1. Schedule A - Marketing Services: Detailed description of all marketing services to be provided
2. Schedule B - Territory Definition: Detailed description of geographic territories and any excluded areas
3. Schedule C - Fee Structure: Detailed breakdown of fees, commission rates, and payment calculations
4. Schedule D - Performance Metrics: Key performance indicators and measurement criteria
5. Schedule E - Brand Guidelines: Guidelines for use of principal's branding and marketing materials
6. Schedule F - Reporting Templates: Standard formats for regular marketing performance reports
7. Appendix 1 - Approved Marketing Materials: List of pre-approved marketing materials and contents
8. Appendix 2 - Contact Details: Key personnel and contact information for both parties
Authors
Approved Marketing Materials
Business Day
Commencement Date
Competitor
Confidential Information
Digital Marketing Services
Effective Date
Exclusivity Period
Force Majeure Event
Initial Term
Intellectual Property Rights
Key Performance Indicators
Marketing Budget
Marketing Materials
Marketing Services
Marketing Strategy
Net Sales
Performance Metrics
Principal's Products
Principal's Marks
Renewal Term
Reports
Revenue Share
Service Levels
Success Metrics
Target Market
Term
Territory
Trade Marks
Working Hours
Exclusivity
Territory
Term
Marketing Services
Performance Standards
Reporting Requirements
Fees and Commission
Payment Terms
Marketing Partner Obligations
Principal Obligations
Intellectual Property
Confidentiality
Non-Competition
Non-Solicitation
Representations and Warranties
Indemnification
Limitation of Liability
Force Majeure
Termination
Post-Termination Obligations
Assignment
Subcontracting
Notice
Governing Law
Dispute Resolution
Amendment
Entire Agreement
Severability
Marketing Budget
Marketing Materials Approval
Brand Guidelines
Data Protection
Audit Rights
Insurance
Compliance with Laws
Retail
Consumer Goods
Technology
Healthcare
Manufacturing
Financial Services
Real Estate
Education
Hospitality
E-commerce
Automotive
Entertainment
Food and Beverage
Legal
Marketing
Business Development
Commercial
Operations
Sales
Corporate Strategy
Brand Management
Finance
Compliance
Chief Marketing Officer
Marketing Director
Business Development Manager
Brand Manager
Legal Counsel
Contract Manager
Chief Executive Officer
Commercial Director
Marketing Manager
Sales Director
Partnership Manager
Account Director
Marketing Operations Manager
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