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Contract For Marketing Services

Contract For Marketing Services Template for Nigeria

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Key Requirements PROMPT example:

Contract For Marketing Services

"I need a Contract For Marketing Services for my fintech startup in Nigeria, engaging a digital marketing agency for a 12-month campaign starting January 2025, with special focus on social media marketing and influencer management, including performance-based compensation terms."

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Document background
The Contract For Marketing Services is a crucial document used when engaging professional marketing services in Nigeria. It is designed for situations where a business seeks to formalize its relationship with a marketing agency or service provider for various marketing activities including advertising, digital marketing, brand promotion, and campaign management. The document addresses key considerations under Nigerian law, including compliance with APCON regulations, data protection requirements, and consumer protection laws. It provides comprehensive coverage of service scope, deliverables, performance metrics, payment structures, and intellectual property rights. This contract type is essential for protecting both parties' interests while ensuring marketing activities align with Nigerian regulatory requirements and professional standards. It's particularly important given Nigeria's complex regulatory environment for marketing and advertising activities.
Suggested Sections

1. Parties: Identification of the service provider (marketing agency) and the client, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of marketing services to be provided, including specific deliverables and campaign objectives

5. Term and Timeline: Duration of the agreement and key project milestones

6. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures

7. Client Obligations: Responsibilities of the client, including provision of materials, approvals, and access to necessary information

8. Service Provider Obligations: Responsibilities of the marketing agency, including quality standards and delivery commitments

9. Intellectual Property Rights: Ownership and usage rights of marketing materials, creative works, and pre-existing IP

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: Compliance with NDPR and data handling procedures

12. Representations and Warranties: Guarantees regarding service quality, compliance with laws, and professional standards

13. Termination: Conditions for contract termination and consequences

14. Dispute Resolution: Process for resolving disputes, including jurisdiction and applicable law

15. General Provisions: Standard boilerplate clauses including force majeure, notices, and assignment

Optional Sections

1. Performance Metrics and KPIs: Specific metrics for measuring campaign success - include when the contract involves performance-based compensation

2. Social Media Management: Specific terms for social media handling - include when social media services are part of the scope

3. Content Creation Rights: Detailed terms for content creation and ownership - include when the services involve significant content creation

4. International Marketing: Provisions for cross-border marketing activities - include when campaigns extend beyond Nigeria

5. Influencer Marketing: Terms for engaging and managing influencers - include when influencer marketing is part of the scope

6. Agency of Record: Exclusive agency provisions - include when the agency is appointed as the sole marketing service provider

7. Compliance with Industry-Specific Regulations: Additional compliance requirements - include when marketing regulated products/services

Suggested Schedules

1. Schedule A - Scope of Services: Detailed breakdown of marketing services, deliverables, and timelines

2. Schedule B - Fee Schedule: Detailed pricing structure, including rates for different services and payment milestones

3. Schedule C - Brand Guidelines: Client's branding requirements and usage guidelines

4. Schedule D - Service Level Agreement: Performance standards, response times, and quality metrics

5. Schedule E - Approved Subcontractors: List of pre-approved third-party service providers or subcontractors

6. Appendix 1 - Campaign Brief: Initial marketing campaign details and objectives

7. Appendix 2 - Reporting Templates: Standard formats for performance reporting and analytics

8. Appendix 3 - Compliance Checklist: APCON and other regulatory compliance requirements

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Agency
APCON
Applicable Laws
Approved Budget
Brand Guidelines
Campaign
Client
Client Materials
Confidential Information
Content
Deliverables
Digital Marketing Services
Effective Date
Fees
Force Majeure
Intellectual Property Rights
Key Performance Indicators (KPIs)
Marketing Materials
Marketing Plan
Marketing Services
Media Buy
NDPR
Party/Parties
Performance Metrics
Personal Data
Project
Project Brief
Regulatory Requirements
Report
Service Level Agreement
Services
Social Media Platforms
Specifications
Staff
Subcontractors
Term
Territory
Third Party Materials
Timelines
Working Day
Clauses
Definitions
Services
Appointment
Term and Duration
Fees and Payment
Client Obligations
Agency Obligations
Service Levels
Approvals
Intellectual Property
Data Protection
Confidentiality
Non-Solicitation
Warranties
Indemnification
Limitation of Liability
Force Majeure
Regulatory Compliance
Anti-Bribery
Performance Metrics
Reporting
Subcontracting
Insurance
Termination
Assignment
Notices
Entire Agreement
Amendments
Severability
Governing Law
Dispute Resolution
Competition Law
Representations
Audit Rights
Brand Protection
Media Rights
Content Ownership
Staff and Personnel
Territory
Exclusivity
Relevant Industries

Retail

Financial Services

Technology

Healthcare

Consumer Goods

Entertainment

Telecommunications

Real Estate

Education

Professional Services

Manufacturing

Hospitality

E-commerce

Fashion and Apparel

Food and Beverage

Relevant Teams

Legal

Marketing

Procurement

Finance

Communications

Compliance

Business Development

Operations

Brand Management

Digital Marketing

Corporate Affairs

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Marketing Manager

Digital Marketing Manager

Communications Director

Procurement Manager

Legal Counsel

Contract Manager

Business Development Manager

Agency Account Manager

Marketing Coordinator

Compliance Officer

Finance Director

Operations Manager

Industries
Nigerian Contract Law Act: Governs the formation, validity, and enforcement of contracts, including requirements for offer, acceptance, consideration, and capacity to contract
Advertising Practitioners Council of Nigeria (APCON) Act: Regulates advertising practice, ensures ethical standards in marketing communications, and requires registration of advertising practitioners
Consumer Protection Council Act: Protects consumers from unfair practices and ensures truthful marketing communications and adequate disclosure of information
Nigeria Data Protection Regulation (NDPR): Governs the collection, processing, and storage of personal data in marketing activities and customer databases
Federal Competition and Consumer Protection Act (FCCPA): Promotes fair competition and prohibits deceptive marketing practices and anti-competitive behavior
Companies and Allied Matters Act (CAMA): Regulates business operations and corporate entities, including requirements for business names and registration
Value Added Tax Act: Governs the taxation of marketing services and requirements for VAT registration and collection
Cybercrimes (Prohibition, Prevention, etc.) Act: Relevant for digital marketing activities, electronic communications, and online advertising practices
National Information Technology Development Agency (NITDA) Act: Provides framework for electronic marketing, digital communications, and IT-based services
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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