Sole Marketing Agreement Template for India

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Key Requirements PROMPT example:

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."

Document background
The Sole Marketing Agreement is a crucial document used when a company wishes to grant exclusive marketing rights to a single partner within specified territories in India. This type of agreement is particularly important in the Indian market, where building strong, exclusive marketing partnerships can be key to market penetration and brand development. The document comprehensively covers all aspects of the marketing relationship, from service scope and territorial rights to performance metrics and compensation structures, while ensuring compliance with Indian contract law, competition regulations, and consumer protection requirements. It's especially relevant when companies want to maintain consistent brand messaging and market presence through a dedicated marketing partner, while protecting their interests through clear performance expectations and accountability measures.
Suggested Sections

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.

Optional Sections

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

Suggested Schedules

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

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

Consumer Goods

Technology

Healthcare

Manufacturing

Financial Services

Real Estate

Education

Hospitality

E-commerce

Automotive

Entertainment

Food and Beverage

Relevant Teams

Legal

Marketing

Business Development

Commercial

Operations

Sales

Corporate Strategy

Brand Management

Finance

Compliance

Relevant Roles

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

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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