Marketing Agency Contract Template for New Zealand

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Key Requirements PROMPT example:

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."

Document background
The Marketing Agency Contract is essential for businesses in New Zealand seeking to formalize their relationship with external marketing service providers. This document is typically used when a company decides to outsource its marketing activities, whether for specific campaigns or ongoing marketing support. The contract, governed by New Zealand law, includes crucial elements such as service scope, deliverables, payment structures, and intellectual property rights. It ensures compliance with New Zealand's advertising standards and relevant legislation while protecting both parties' interests. The agreement is particularly important for defining performance metrics, approval processes, and confidentiality requirements in the context of marketing services delivery.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Technology

Healthcare

Financial Services

Manufacturing

Entertainment

Education

Professional Services

Hospitality

Consumer Goods

Non-profit

Real Estate

Automotive

Telecommunications

Relevant Teams

Legal

Marketing

Procurement

Finance

Operations

Communications

Business Development

Brand Management

Digital Marketing

Creative Services

Relevant Roles

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

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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