Drafting a Professional Marketing Services Agreement

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

Having a legally binding marketing services agreement is imperative for any business looking to employ a marketing agency or freelancer. Such an agreement is an imperative document that clearly outlines the services provided by a marketing professional, the payment for such services, and any other relevant stipulations. Without such an agreement in place, businesses may be at risk of not receiving the services they paid for or of having to pay for services they haven’t received.

The importance of having a legal and binding marketing service agreement in place cannot be overstated - it ensures all parties are clear on what services will be provided and how much payment will be made in return. Not only that, but it also outlines timelines for completion, expectations for communication between both sides, and any additional terms which are pertinent to both parties involved. This provides clarity and structure to the relationship between client and professional marketer alike; safeguarding both from miscommunications or misunderstanding as a result of ambiguity.

On top of this, the terms of termination should either party decide to end their arrangement are set out clearly in such agreements - without it being in writing beforehand disagreements can arise as to who is accountable for what payments or obligations on either side remain unmet. Having this written down provides guidelines on how disputes should be resolved amicably if required - ensuring all parties are aware of their rights within the relationship equally.

Finally, unforeseen circumstances during any contract could put either party at risk if not managed correctly - this is where having something concrete outlining duties takes paramount importance as it can provide protection from financial loss due to breach or non-fulfillment by either side. For example if a marketing agency fails unexpectedly to deliver agreed upon services then provisions will already have been set out earlier avoiding unnecessary conflict later down the line when money remains unpaid due to discrepancies that weren’t accounted for initially when coming into effect with no contract framework present…

Therefore when considering hiring a marketing agency or freelancer do take into account setting up some sort of legal framework as soon as possible so that there’s no confusion now nor further down the road - Genie AI’s team provides access free open source templates perfect for getting started with your own individual Marketing Service Agreement today! With millions upon millions of datapoints accumulated across many different kinds off contracts used worldwide you needn’t worry about finding one suitable tailor made towards your needs; simply read on below our guidance step-by-step process before accessing our template library today – you won’t regret it!

Definitions (feel free to skip)

Scope of Services: The range of activities that a marketing agency will be responsible for and expected to do.

Duration: The length of time that the agreement is in effect.

Payment Terms: The details of how and when payments will be made.

Additional Services: Any extra services that either party may want that are not included in the initial agreement.

Roles and Obligations: The duties that each party is expected to fulfill.

Subcontracting Arrangements: The agreement between different parties that enables one party to delegate its responsibilities to another.

Confidentiality: The agreement between two or more parties not to disclose any sensitive information.

Intellectual Property: Creative works that are protected by copyright law.

Liability: The responsibility for damages or losses caused by a party’s actions or inactions.

Dispute Resolution: The process of resolving disagreements between two or more parties.

Drafting: The act of writing out the terms of the agreement.

Signature Page: The page that contains the signatures of all parties involved in the agreement.

Applicable Laws: The laws that apply to the agreement.

Regulations: Rules or standards that a party must follow.

Industry Standards: The accepted practices within an industry.

Executing: The act of signing and agreeing to the terms of the agreement.

Contents

• Outlining the scope of the services provided by the marketing agency, including the specific duties and responsibilities
• Defining the duration of the agreement and the payment terms associated with the services
• Setting out any additional services that may be requested by either party and any associated fees
• Establishing the roles and obligations of each party and any subcontracting arrangements
• Addressing any confidentiality and intellectual property issues
• Establishing liability and dispute resolution procedures
• Drafting the agreement and incorporating the content set out above
• Preparing a signature page and incorporating any other necessary documents
• Ensuring that any applicable laws, regulations and industry standards are being met
• Executing the agreement and distributing copies to all parties

Get started

Outlining the scope of the services provided by the marketing agency, including the specific duties and responsibilities

• Outline the services your marketing agency will provide, such as website design, SEO, content writing, etc.
• Specify what activities are excluded from the services offered by the marketing agency.
• Establish the responsibilities of both the marketing agency and the client.
• Define the timeline for completion of the services.
• Include any additional details that are specific to the services being provided.

When you have outlined the scope of the services, established the roles and responsibilities, and outlined the timeline for completion, you can move on to the next step of defining the duration of the agreement and the payment terms associated with the services.

Defining the duration of the agreement and the payment terms associated with the services

• Agree on the period of time during which the services will be provided, and set a start and end date for the agreement.
• Decide on the payment terms, such as the payment amount and frequency, any discounts that may apply, payment method and payment due dates, and any late payment fees.
• Include a clause that allows either party to terminate the agreement in the event that payments are not made in a timely manner.
• Set out any additional fees and charges, such as travel fees and extra costs that may be incurred.
• Include a clause that specifies that the agreement will renew automatically unless either party terminates the agreement in writing with the required notice period.

You’ll know that you can check this off your list and move on to the next step when you have agreed on the period of time during which the services will be provided, and when you have decided on the payment terms and any additional fees and charges that may apply.

Setting out any additional services that may be requested by either party and any associated fees

• Identify what additional services may be requested by either party and any associated fees.
• Include an explanation of how the additional services will be priced and billed.
• Ensure that the agreement allows for changes to the additional services and associated fees that may be requested.
• Include language which explains that any additional services and associated fees must be agreed upon by both parties in writing.
• Include a section which explains the process for making changes to the additional services and associated fees.
• Verify that the agreement covers any additional services that may be requested by either party and any associated fees.

You can check this off your list and move on to the next step when you are satisfied that the agreement covers all additional services that may be requested by either party and any associated fees.

Establishing the roles and obligations of each party and any subcontracting arrangements

• Draft a clause clearly defining the roles and obligations of each party
• Describe the scope of services to be provided (e.g. design, development, etc.)
• Specify any subcontracting arrangements and the conditions for engaging subcontractors
• List any additional services that may be requested by either party and the associated fees
• Outline any limitations on the services provided
• Ensure the agreement is clear and comprehensive
• Once complete, review the agreement and ensure all parties are in agreement
• When all parties have signed and agreed to the terms and conditions of the agreement, it is ready to be executed and the services provided

Addressing any confidentiality and intellectual property issues

• Determine whether confidential information will be exchanged between the parties and prepare any necessary clauses to protect the disclosure of confidential information
• Establish ownership of any intellectual property that will be created or used in the course of the agreement
• Specify any restrictions in the use of the intellectual property, including how the parties will handle modifications and improvements to the intellectual property
• Agree on a process for resolving disputes related to the confidential information and intellectual property
• Ensure that all language in the agreement is compliant with applicable laws

Once all of the points above have been addressed, you can move on to the next step of establishing liability and dispute resolution procedures.

Establishing liability and dispute resolution procedures

• Research relevant state and federal laws to ensure that all liability and dispute resolution procedures are in compliance with relevant regulations.
• Outline the terms and conditions of the agreement, including the scope of services to be provided, the customer’s responsibility for any losses, and provisions for resolving any disputes.
• Include a clause stating that the agreement is subject to the laws of the state in which the services will be provided.
• Specify the process for resolving disputes, such as arbitration or mediation.
• Include a clause that states that the customer will be responsible for any legal costs associated with resolving a dispute.
• Incorporate a clause that states that the agreement will remain in effect until all services have been completed and any disputes have been resolved.

Once you have written and incorporated the above content into the agreement, you can check this step off your list and move on to drafting the agreement and incorporating the content set out above.

Drafting the agreement and incorporating the content set out above

• Draft an agreement template, including all the content set out in the previous step.
• Ensure the agreement is easily understood and is written in plain language.
• Incorporate the terms and conditions discussed in the previous step into the agreement.
• Make sure that the agreement is properly formatted and all the information is accurate and up to date.
• Review the agreement and make any necessary changes.
• Once the agreement is complete, you can check this step off your list and move on to the next step.

Preparing a signature page and incorporating any other necessary documents

• Prepare a signature page by adding the name, title, and signature of each party to the agreement
• If necessary, add any additional documents that have been previously agreed upon and make sure to incorporate them into the signature page
• Review the signature page to ensure all the necessary parties have provided their signatures as well as the other documents
• Once all the necessary parties have signed the signature page and any other documents have been incorporated, check off this step and move to the next step of ensuring that any applicable laws, regulations and industry standards are being met.

Ensuring that any applicable laws, regulations and industry standards are being met

• Obtain and review applicable laws, regulations and industry standards related to the services to be provided in the agreement
• Review the agreement to ensure compliance with all applicable laws, regulations and industry standards
• Make any necessary changes to the agreement to ensure compliance with all applicable laws, regulations and industry standards
• Confirm with all parties that the changes reflect an agreement

You can check this step off your list when you have obtained and reviewed applicable laws, regulations and industry standards, reviewed the agreement to ensure compliance, made any necessary changes to the agreement, and confirmed with all parties that the changes reflect an agreement.

Executing the agreement and distributing copies to all parties

• Have both parties sign the agreement and keep a copy of the signed document
• Prepare and distribute copies of the signed agreement to all parties
• Make sure that an electronic copy of the agreement is stored securely
• Confirm that all parties have received a copy of the agreement and have read and agreed to the terms
• Once all parties have signed the agreement and copies have been distributed, you can check off this step and move on to the next.

FAQ:

Q: What is the difference between a marketing services agreement and a professional services agreement?

Asked by Rachel on April 14th 2022.
A: A marketing services agreement generally applies to services which are provided for the purpose of promotion and advertising, such as creating a website, search engine optimization, content or social media marketing, etc. A professional services agreement, on the other hand, applies to any services which are provided with expertise and technical knowledge, such as legal advice, architectural or engineering services, accounting and auditing services, etc.

Q: Are there different types of marketing services agreements depending on the country?

Asked by Robert on October 10th 2022.
A: Yes, there are different types of marketing services agreements depending on the country. For example, in the United States, the law governing marketing services agreements may vary from state to state. In the United Kingdom and other countries in the European Union, laws governing marketing services agreements may also vary from country to country. It is important to understand the local laws before drafting a marketing services agreement.

Q: What should be included in a marketing services agreement?

Asked by Sophia on January 13th 2022.
A: A marketing services agreement should include a description of the services to be provided, the payment terms, any applicable warranties or indemnifications, confidentiality provisions, dispute resolution procedures, and any other relevant terms. It should also include an accurate description of the client’s business model and sector that will help define the scope of work for the service provider.

Q: Are there any specific provisions that should be included in a SaaS-based marketing services agreement?

Asked by Michael on August 12th 2022.
A: Yes, there are certain provisions that should be included in a SaaS-based marketing services agreement. These provisions may include limitations of liability related to software performance or data security; provisions regarding intellectual property ownership; provisions regarding access to customer data; and provisions regarding termination of service or breach of contract. It is important to understand each provision before drafting a SaaS-based marketing services agreement.

Q: What are some best practices for drafting a professional marketing services agreement?

Asked by Kimberly on July 11th 2022.
A: Some best practices for drafting a professional marketing services agreement include ensuring that it is written in plain language (as opposed to legalese); clearly defining roles and responsibilities; establishing realistic timelines; setting clear expectations around payment terms; detailing any applicable warranties or indemnifications; defining dispute resolution procedures; including confidentiality provisions; and making sure it is compliant with local laws.

Q: Are there any specific requirements for drafting a technology-based marketing services agreement?

Asked by Richard on June 10th 2022.
A: Yes, there are certain requirements for drafting a technology-based marketing services agreement. These include understanding your customer’s needs and expectations; developing an appropriate scope of work; establishing clear payment terms; including provisions regarding intellectual property ownership; defining limitations of liability related to software performance or data security; detailing access to customer data; and making sure it is compliant with local laws.

Q: What should be considered when drafting an international marketing services agreement?

Asked by Amanda on March 9th 2022.
A: When drafting an international marketing services agreement, it is important to consider local laws and regulations that may apply in each jurisdiction where the service provider will be providing their services. Additionally, it is important to consider any potential cross-border implications such as different currencies or languages which may be applicable when entering into an international contract. Lastly, it is important to ensure that all necessary provisions regarding intellectual property ownership and dispute resolution procedures are included in the contract before signing it.

Q: Is there anything specific which needs to be included when drafting a B2B-based marketing services agreement?

Asked by Christopher on February 8th 2022.
A: Yes, when drafting a B2B-based marketing services agreement it is important to include provisions regarding confidentiality obligations between both parties; careful consideration should be given when defining payment terms as well as warranties or indemnifications; finally dispute resolution procedures should also be established which are applicable across all jurisdictions where the service provider will be providing their service.

Example dispute

Suing a Company for Breach of Marketing Services Agreement

• Plaintiffs may sue a company for breach of a marketing services agreement if the company fails to provide the agreed-upon services, or does not fulfill its obligations under the agreement.
• In order to win the lawsuit, the plaintiff must show that the defendant breached the agreement either by failing to perform its obligations or by performing them in a manner that is not in accordance with the agreement.
• The plaintiff must also demonstrate that the breach caused them harm, such as lost revenue or other damages.
• To prove breach of contract, the plaintiff must present the court with evidence such as emails, contracts, invoices, and other documents to establish the terms of the agreement and how the defendant failed to meet them.
• The plaintiff may also seek to recover damages, including any money lost due to the breach. The court may award damages based on the type of breach, the severity of the breach, and any other factors the court considers relevant.
• If the parties are unable to reach a settlement, the court may order a trial to determine the amount of damages to be awarded. The court may also issue an injunction to prevent the defendant from further breaching the agreement.

Templates available (free to use)

Marketing Services Agreement

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