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Marketing Agency Contract
"I need a Marketing Agency Contract for my tech startup to engage a digital marketing agency for a 12-month campaign starting March 2025, with focus on social media management and performance-based compensation."
1. Parties: Identification of the marketing agency and the client, including full legal names and registered addresses
2. Background: Context of the agreement, including brief description of the client's business and their marketing needs
3. Definitions: Key terms used throughout the agreement, including technical marketing terminology and contract-specific definitions
4. Scope of Services: Detailed outline of the marketing services to be provided by the agency
5. Term and Renewal: Duration of the agreement and conditions for renewal
6. Agency Obligations: Specific responsibilities and commitments of the marketing agency
7. Client Obligations: Client's responsibilities, including provision of materials and timely approval of deliverables
8. Approval Process: Procedures for submitting, reviewing, and approving marketing materials and campaigns
9. Fees and Payment Terms: Compensation structure, payment schedule, and invoicing procedures
10. Intellectual Property Rights: Ownership and licensing of creative works, existing IP, and newly created materials
11. Confidentiality: Protection of confidential information exchanged during the engagement
12. Termination: Conditions and procedures for ending the agreement
13. General Provisions: Standard legal clauses including governing law, notices, and amendment procedures
1. Performance Metrics: Specific KPIs and measurement criteria for marketing campaigns, used when performance-based compensation is involved
2. Third-Party Contractors: Terms governing the agency's use of subcontractors or freelancers, included when the agency plans to outsource work
3. Data Protection: Detailed provisions for handling personal data, required when the services involve significant data collection or processing
4. Social Media Management: Specific terms for social media account management and content creation, included when social media services are part of the scope
5. Crisis Management: Procedures for handling PR crises or emergency communications, relevant for full-service PR agencies
6. International Marketing: Additional provisions for cross-border marketing activities, included when campaigns span multiple jurisdictions
7. Agency of Record: Exclusive agency provisions, used when the agency is designated as the sole marketing service provider
1. Schedule 1: Scope of Work: Detailed breakdown of specific marketing services, campaigns, and deliverables
2. Schedule 2: Fee Structure: Comprehensive pricing details, including hourly rates, project fees, and any performance-based incentives
3. Schedule 3: Key Personnel: List of key team members assigned to the client's account and their roles
4. Schedule 4: Brand Guidelines: Client's branding requirements and style guides
5. Schedule 5: Campaign Calendar: Planned marketing activities and timeline for the contract period
6. Schedule 6: Reporting Templates: Standard formats for performance reports and campaign analytics
7. Appendix A: Service Level Agreement: Specific performance standards and response times for various services
8. Appendix B: Approval Workflow: Detailed process flow for content approval and campaign sign-off procedures
Authors
Agreement
Approved Budget
Brand Guidelines
Business Day
Campaign
Client
Client Materials
Commencement Date
Confidential Information
Deliverables
Effective Date
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
Key Performance Indicators (KPIs)
Marketing Materials
Marketing Plan
Marketing Services
Media Spend
Moral Rights
Out-of-Pocket Expenses
Performance Metrics
Personal Information
Pre-existing Materials
Project
Project Brief
Renewal Term
Scope of Work
Services
Social Media Content
Specifications
Subcontractors
Term
Territory
Third Party Materials
Timeline
Work Product
Term and Renewal
Fees and Payment
Intellectual Property Rights
Confidentiality
Data Protection
Performance Standards
Approvals and Sign-off
Client Obligations
Agency Obligations
Warranties and Representations
Indemnification
Limitation of Liability
Termination
Force Majeure
Non-Solicitation
Assignment
Subcontracting
Dispute Resolution
Governing Law
Entire Agreement
Amendment
Notices
Severability
Waiver
Agency Authority
Client Materials
Third Party Rights
Compliance with Laws
Insurance
Reporting Requirements
Account Management
Media Buying
Creative Rights
Brand Guidelines Compliance
Social Media Management
Crisis Management
Conflict of Interest
Audit Rights
Retail
Technology
Healthcare
Financial Services
Manufacturing
Entertainment
Education
Professional Services
Hospitality
Consumer Goods
Non-profit
Real Estate
Automotive
Telecommunications
Legal
Marketing
Procurement
Finance
Operations
Communications
Business Development
Brand Management
Digital Marketing
Creative Services
Marketing Director
Chief Marketing Officer
Brand Manager
Marketing Manager
Agency Account Director
Legal Counsel
Procurement Manager
Business Development Manager
Communications Director
Digital Marketing Manager
CEO
Operations Manager
Contract Administrator
Finance Director
Creative Director
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