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Marketing Sales Agreement

Marketing Sales Agreement Template for United States

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Key Requirements PROMPT example:

Marketing Sales Agreement

"I need a Marketing Sales Agreement for my digital marketing agency to provide social media and content marketing services to a tech startup, with specific performance metrics and revenue sharing model starting January 2025."

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Document background
The Marketing Sales Agreement is a critical document used when establishing a formal relationship between marketing service providers and their clients in the United States. This agreement outlines the scope of marketing services, performance expectations, compensation structures, and compliance requirements with federal and state marketing regulations. It's particularly important in today's digital marketing landscape where compliance with advertising laws, data protection, and consumer rights is crucial. The agreement typically includes provisions for intellectual property rights, confidentiality, and performance metrics while adhering to U.S. legal frameworks including FTC regulations and state-specific marketing laws.
Suggested Sections

1. Parties: Identification and details of contracting parties

2. Background/Recitals: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of marketing services to be provided

5. Term and Termination: Duration of agreement and termination conditions

6. Compensation: Payment terms, commission structures, and fees

7. Intellectual Property Rights: Ownership and usage rights of marketing materials

8. Confidentiality: Protection of confidential information

9. Representations and Warranties: Parties' assertions about their capacity and authority

Optional Sections

1. Performance Metrics: Specific KPIs and success metrics for measuring marketing effectiveness

2. Territory Restrictions: Geographic limitations and boundaries for marketing activities

3. Non-Compete: Restrictions on working with competitors and exclusivity provisions

4. Data Protection: Compliance requirements with privacy laws and data handling procedures

5. Force Majeure: Provisions for handling unforeseeable circumstances and events beyond parties' control

Suggested Schedules

1. Schedule A - Service Description: Detailed scope of marketing services and deliverables

2. Schedule B - Fee Schedule: Comprehensive pricing structure and payment terms

3. Schedule C - Performance Metrics: Detailed KPIs and measurement criteria for marketing activities

4. Schedule D - Brand Guidelines: Client's branding requirements and usage guidelines

5. Schedule E - Approved Marketing Materials: Pre-approved content and marketing materials

6. Schedule F - Territory Map: Geographic coverage area and territorial specifications

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Services
Deliverables
Marketing Materials
Territory
Term
Effective Date
Fees
Commission
Performance Metrics
Marketing Plan
Intellectual Property Rights
Confidential Information
Client Materials
Campaign
Target Market
Sales Targets
Revenue Goals
Advertising Standards
Brand Guidelines
Marketing Strategy
Service Provider
Client
Authorized Representatives
Force Majeure Event
Business Day
Marketing Channels
Digital Assets
Social Media Platforms
Consumer Data
Personal Information
Trademarks
Copyrighted Material
Work Product
Success Metrics
Lead Generation
Conversion Rate
Return on Investment (ROI)
Key Performance Indicators (KPIs)
Marketing Budget
Clauses
Scope of Services
Payment Terms
Performance Requirements
Service Level Agreement
Intellectual Property Rights
Confidentiality
Data Protection
Representations and Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Non-Compete
Non-Solicitation
Compliance with Laws
Marketing Standards
Quality Control
Reporting Requirements
Record Keeping
Audit Rights
Territory Rights
Exclusivity
Commission Structure
Marketing Materials Approval
Brand Protection
Social Media Usage
Consumer Data Handling
Dispute Resolution
Assignment
Severability
Entire Agreement
Amendment
Governing Law
Notice Requirements
Insurance Requirements
Industries

FTC Regulations: Federal Trade Commission regulations including FTC Act (15 U.S.C. ยงยง 41-58), Truth in Advertising regulations, Endorsement Guidelines, and CAN-SPAM Act for email marketing

Consumer Protection Laws: State-specific consumer protection statutes, Fair Business Practices Acts, and consumer fraud prevention laws

Intellectual Property Laws: Copyright Act, Trademark Act (Lanham Act), patent laws, and trade secret protection laws governing the use and protection of intellectual property in marketing materials

Digital Marketing Laws: Children's Online Privacy Protection Act (COPPA), California Consumer Privacy Act (CCPA), and GDPR considerations for digital marketing activities

Contract Law: Uniform Commercial Code (UCC), state-specific contract laws, and Statute of Frauds requirements for contractual agreements

Competition Laws: Sherman Antitrust Act, Clayton Act, and state antitrust laws governing fair competition and market practices

Privacy Laws: State privacy laws and sector-specific privacy regulations protecting consumer data and personal information

Industry-Specific Regulations: Specific regulations such as FDA rules, financial services regulations, and industry-specific marketing requirements

Employment Laws: Fair Labor Standards Act, state employment laws, and independent contractor regulations affecting marketing relationships

International Laws: International trade regulations, cross-border marketing rules, and Foreign Corrupt Practices Act compliance for international marketing activities

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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