The Marketing Retainer Agreement is essential for businesses in New Zealand seeking to establish long-term marketing partnerships. This document is typically used when a client requires regular, ongoing marketing services rather than project-based work. It provides structure to the business relationship by clearly defining the scope of services, payment terms, performance expectations, and delivery standards. The agreement ensures compliance with New Zealand's legal framework, including the Fair Trading Act 1986, Privacy Act 2020, and relevant commercial laws. It's particularly valuable for businesses that want to maintain consistent marketing support while having predictable costs and service levels. The document includes comprehensive details about service delivery, intellectual property rights, confidentiality, and termination provisions, making it suitable for both marketing agencies and their clients who require ongoing marketing support.
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1. Parties: Identifies and provides full legal details of the service provider (marketing agency) and the client
2. Background: Contextualizes the agreement and outlines the parties' intentions and basis for entering into the retainer arrangement
3. Definitions: Defines key terms used throughout the agreement to ensure clarity and prevent misinterpretation
4. Scope of Services: Outlines the core marketing services to be provided under the retainer arrangement
5. Term and Renewal: Specifies the initial term of the agreement and any renewal provisions
6. Retainer Fees and Payment Terms: Details the monthly retainer amount, payment schedule, and invoicing procedures
7. Service Delivery: Establishes the methodology, timelines, and processes for delivering the marketing services
8. Client Obligations: Specifies the client's responsibilities, including providing necessary information and approvals
9. Intellectual Property Rights: Addresses ownership and usage rights of marketing materials and creative works
10. Confidentiality: Protects confidential information exchanged during the service relationship
11. Performance Metrics: Defines how the marketing agency's performance will be measured and evaluated
12. Termination: Outlines conditions and procedures for ending the agreement
13. General Provisions: Contains standard legal clauses including governing law, notices, and entire agreement
1. Non-Compete: Restricts the agency from working with competing clients; include when exclusivity is required
2. Data Protection: Additional provisions for handling personal data; include when significant data processing is involved
3. International Services: Specific provisions for cross-border services; include when operating internationally
4. Social Media Management: Detailed terms for social media account access and management; include when social media is a key service
5. Crisis Management: Procedures for handling PR crises; include for high-profile clients or sensitive industries
6. Sub-contractor Rights: Terms governing the use of sub-contractors; include when the agency may need to outsource work
7. Service Level Agreement: Detailed performance standards and response times; include when specific service levels need to be guaranteed
1. Schedule 1: Scope of Services Detail: Detailed breakdown of all marketing services included in the retainer
2. Schedule 2: Fee Schedule: Comprehensive fee structure including retainer fees and any additional charges
3. Schedule 3: Service Level Specifications: Detailed service standards, response times, and delivery specifications
4. Schedule 4: Key Personnel: List of key team members assigned to the client's account and their roles
5. Schedule 5: Reporting Templates: Standard formats for performance reports and campaign analytics
6. Appendix A: Brand Guidelines: Client's branding requirements and guidelines
7. Appendix B: Approval Process: Flowchart and timeline for content approval procedures
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