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Marketing Support Agreement

Marketing Support Agreement Template for United States

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Key Requirements PROMPT example:

Marketing Support Agreement

"I need a Marketing Support Agreement for my tech startup to engage a digital marketing agency for social media management and content creation, with specific KPIs for audience growth and engagement metrics over a 12-month period starting January 2025."

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Document background
The Marketing Support Agreement serves as a crucial document for businesses seeking to formalize their marketing service relationships in the United States. This agreement is essential when engaging external marketing support, whether through agencies, consultants, or freelance professionals. It covers key aspects such as service scope, deliverables, compensation, intellectual property rights, and compliance with federal and state marketing regulations. The document is particularly important in today's digital marketing landscape, where clear guidelines on data privacy, content ownership, and performance metrics are essential.
Suggested Sections

1. Parties: Identification of the contracting parties including legal names and addresses

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

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

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

6. Compensation: Payment terms, rates, and billing procedures

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

8. Confidentiality: Protection of confidential information and trade secrets

9. Compliance with Laws: Obligations to comply with relevant marketing and advertising laws

10. Representations and Warranties: Statements of fact and promises made by each party

11. Limitation of Liability: Caps on liability and exclusions of certain types of damages

12. General Provisions: Standard legal provisions including governing law, notices, and amendment procedures

Optional Sections

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

2. Territory Restrictions: Geographic limitations on marketing activities and territorial exclusions

3. Exclusivity: Terms regarding exclusive marketing rights and restrictions

4. Data Protection: Specific provisions for handling personal data and ensuring privacy compliance

5. Social Media Guidelines: Specific rules and procedures for social media marketing activities

6. Subcontractors: Terms governing the use and management of subcontractors

Suggested Schedules

1. Schedule A - Service Level Agreement: Detailed breakdown of services and delivery standards

2. Schedule B - Fee Schedule: Detailed pricing and payment terms

3. Schedule C - Brand Guidelines: Client's branding requirements and specifications

4. Schedule D - Reporting Templates: Standard formats for performance reporting

5. Schedule E - Approved Marketing Channels: List of authorized marketing platforms and channels

6. Schedule F - Compliance Requirements: Specific regulatory and compliance requirements for different marketing activities

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
Campaign
Effective Date
Term
Service Fee
Intellectual Property Rights
Confidential Information
Client Materials
Agency Materials
Brand Guidelines
Marketing Channels
Performance Metrics
Key Performance Indicators
Reporting Period
Territory
Authorized Representatives
Service Level Requirements
Working Day
Force Majeure Event
Change Order
Derivative Works
Marketing Strategy
Target Audience
Media Plan
Creative Brief
Marketing Budget
Third Party Materials
Personal Data
Data Protection Laws
Marketing Platform
Success Metrics
Response Time
Approval Process
Project Timeline
Milestone
Review Period
Marketing Calendar
Clauses
Scope of Services
Term and Termination
Compensation and Payment
Intellectual Property Rights
Confidentiality
Service Levels
Performance Metrics
Reporting Requirements
Client Obligations
Agency Obligations
Approval Process
Change Management
Warranties
Indemnification
Limitation of Liability
Force Majeure
Non-Solicitation
Non-Competition
Data Protection
Compliance with Laws
Brand Guidelines
Quality Control
Subcontracting
Assignment
Notice Requirements
Dispute Resolution
Governing Law
Entire Agreement
Amendment Process
Severability
Insurance Requirements
Audit Rights
Marketing Channel Restrictions
Content Ownership
Third-Party Rights
Campaign Approval
Budget Management
Exclusivity
Industries

FTC Regulations: Core federal regulations including FTC Act (prohibiting unfair or deceptive practices), Truth in Advertising regulations, Endorsement Guidelines, and CAN-SPAM Act for email marketing

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

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

State-Specific Marketing Laws: Various state-level regulations including consumer protection laws, privacy laws, and state-specific advertising regulations

Industry-Specific Regulations: Sector-specific requirements such as FDA regulations for healthcare products, financial services regulations, and alcohol/tobacco marketing rules

Contract Law: State contract laws and Uniform Commercial Code (UCC) governing the formation and enforcement of marketing agreements

Privacy Laws: Federal and state privacy regulations, including data breach notification requirements and personal information protection

Anti-Spam Laws: State anti-spam laws and Federal CAN-SPAM Act requirements governing email marketing and electronic communications

Social Media Platform Rules: Platform-specific marketing guidelines and influencer marketing regulations for social media marketing activities

Competition Laws: Antitrust regulations including Sherman Antitrust Act, Clayton Act, and Federal Trade Commission Act governing fair competition in marketing

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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