Sales And Marketing Contract Template for New Zealand

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Key Requirements PROMPT example:

Sales And Marketing Contract

"I need a Sales and Marketing Contract for engaging a digital marketing agency to handle our company's online presence and social media campaigns, starting from January 2025, with monthly performance targets and a clear commission structure based on lead generation."

Document background
The Sales and Marketing Contract serves as a crucial legal framework for businesses engaging in sales and marketing activities within New Zealand's jurisdiction. This document is essential when a business wishes to formally engage external sales or marketing services, or when establishing internal sales and marketing arrangements with specific personnel. The contract addresses key aspects including service scope, performance metrics, compensation structures, and compliance with New Zealand legislation such as the Fair Trading Act 1986, Privacy Act 2020, and Consumer Guarantees Act 1993. It's particularly relevant in today's digital age where marketing activities span multiple channels and require clear guidelines for brand representation, data handling, and performance measurement. The agreement provides necessary protections for both parties while ensuring flexibility to accommodate various business models and marketing strategies within the New Zealand commercial context.
Suggested Sections

1. Parties: Identifies and provides full legal details of all parties to the agreement

2. Background: Sets out the context and purpose of the agreement, including any relevant business relationship history

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Scope of Services: Details the specific sales and marketing services to be provided

5. Term and Termination: Specifies the duration of the agreement and circumstances for termination

6. Compensation and Payment Terms: Outlines fees, commission structures, payment schedules, and related financial terms

7. Performance Metrics: Establishes key performance indicators (KPIs) and measurement criteria

8. Reporting Requirements: Specifies the frequency and content of performance and activity reports

9. Intellectual Property Rights: Addresses ownership and usage rights of marketing materials and related IP

10. Confidentiality: Protects sensitive business information shared between parties

11. Representations and Warranties: States the promises and guarantees made by each party

12. General Provisions: Contains standard legal clauses including governing law, notices, and assignment

Optional Sections

1. Territory Restrictions: Defines geographical limitations of sales and marketing activities, used when specific territorial rights are being granted

2. Non-Compete Provisions: Restricts parties from engaging in competitive activities, included when protection against competition is required

3. Marketing Budget: Specifies budget allocation and management procedures, used when the contract includes budget responsibility

4. Digital Marketing Provisions: Specific terms for online marketing activities, included when digital marketing is part of the scope

5. Sales Team Management: Details regarding sales team oversight and management, used when the contract includes team management responsibilities

6. Force Majeure: Addresses unforeseeable circumstances preventing performance, included when specific risk allocation is needed

7. Dispute Resolution: Specifies mediation or arbitration procedures, included when alternative dispute resolution is preferred

8. Insurance Requirements: Details required insurance coverage, included when specific insurance obligations are necessary

Suggested Schedules

1. Schedule 1 - Service Level Agreement: Detailed specifications of service standards and performance metrics

2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods

3. Schedule 3 - Marketing Materials Guidelines: Brand guidelines and approved marketing material specifications

4. Schedule 4 - Territory Map: Visual representation of assigned sales territories if applicable

5. Schedule 5 - Reporting Templates: Standard formats for required reports and performance tracking

6. Appendix A - Approved Marketing Channels: List of authorized marketing platforms and channels

7. Appendix B - Contact Details: Key contact information for both parties

8. Appendix C - Compliance Checklist: Required regulatory and policy compliance measures

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

E-commerce

Manufacturing

Professional Services

Technology

Consumer Goods

Healthcare

Financial Services

Education

Tourism

Food and Beverage

Real Estate

Telecommunications

Media and Entertainment

Relevant Teams

Sales

Marketing

Legal

Commercial

Business Development

Digital Marketing

Brand Management

Procurement

Operations

Account Management

Contract Administration

Relevant Roles

Marketing Director

Sales Manager

Business Development Manager

Chief Marketing Officer

Marketing Consultant

Sales Representative

Digital Marketing Manager

Brand Manager

Commercial Director

Account Manager

Marketing Coordinator

Sales Operations Manager

Chief Executive Officer

Contract Manager

Legal Counsel

Procurement 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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