Sales And Marketing Services Agreement Template for United States

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Sales And Marketing Services Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Sales And Marketing Services Agreement

"I need a Sales And Marketing Services Agreement for my tech startup to engage a marketing agency for social media management and lead generation, with a monthly retainer of $5,000 and performance-based bonuses, starting March 1, 2025."

Document background
The Sales And Marketing Services Agreement is essential for businesses seeking to formalize relationships with external marketing and sales service providers in the United States. This document is particularly relevant when companies want to outsource their marketing and sales functions while maintaining clear performance standards and regulatory compliance. The agreement addresses crucial aspects such as service scope, compensation structures, performance metrics, and intellectual property rights, while ensuring compliance with U.S. federal and state regulations, including FTC requirements, privacy laws, and industry-specific standards. It's designed to protect both parties' interests while establishing clear operational guidelines and expectations.
Suggested Sections

1. Parties: Identifies and defines the contracting parties - typically the service provider and client

2. Background/Recitals: Provides context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

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

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

6. Compensation: Payment terms, fees, commissions, and billing procedures

7. Performance Metrics: KPIs, targets, and measurement criteria

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

9. Confidentiality: Protection of sensitive information

Optional Sections

1. Territory Rights: Defines geographical scope of services - used when services are limited to specific regions

2. Exclusivity: Terms of exclusive relationship - used when parties agree to exclusive arrangements

3. Marketing Budget: Budget allocation and management - used when service provider manages client's marketing budget

4. Training and Support: Details of training provided - used when service provider offers training services

5. Data Protection: GDPR and privacy compliance - used when handling personal data

Suggested Schedules

1. Service Level Agreement: Detailed performance standards and metrics

2. Fee Schedule: Detailed breakdown of fees and commission structures

3. Marketing Plan: Detailed marketing strategy and tactics

4. Territory Map: Visual representation of geographical coverage

5. Approved Marketing Materials: Pre-approved templates and content

6. Reporting Templates: Standard formats for performance reporting

7. Contact Details: Key personnel and escalation procedures

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
Industries

Federal Trade Commission Act: Primary federal law governing unfair or deceptive trade practices in commerce, enforced by the FTC

Sherman Antitrust Act: Federal antitrust law prohibiting monopolistic business practices and anti-competitive behavior

Clayton Act: Federal law supplementing the Sherman Act, addressing specific practices not explicitly covered in the Sherman Act

Robinson-Patman Act: Federal law prohibiting price discrimination between different purchasers of similar goods

CAN-SPAM Act: Federal law establishing requirements for commercial email messages and giving recipients the right to opt-out

Telephone Consumer Protection Act (TCPA): Federal law restricting telemarketing calls, auto-dialed calls, prerecorded calls, and unsolicited faxes

Truth in Advertising Regulations: Federal and state regulations requiring advertisements to be truthful and not misleading

FTC Guidelines for Endorsements: Guidelines requiring disclosure of material connections between advertisers and endorsers

State Consumer Protection Laws: Various state-specific laws protecting consumers from unfair or deceptive business practices

COPPA: Children's Online Privacy Protection Act regulating the collection of personal information from children under 13

Americans with Disabilities Act: Federal law requiring websites and digital content to be accessible to people with disabilities

Uniform Commercial Code: Standardized set of business laws regulating commercial transactions across states

State Data Breach Notification Laws: State-specific requirements for notifying individuals of unauthorized access to their personal information

Fair Labor Standards Act: Federal law establishing wage, overtime, and youth employment standards

GDPR: European Union's General Data Protection Regulation affecting companies handling EU resident data

Foreign Corrupt Practices Act: Federal law prohibiting the bribery of foreign officials to obtain or retain business

State Privacy Laws: Various state laws governing the collection, use, and protection of personal information (e.g., CCPA)

Intellectual Property Laws: Federal and state laws protecting trademarks, copyrights, patents, and trade secrets

Statute of Frauds: State laws requiring certain types of contracts to be in writing to be enforceable

Industry-Specific Marketing Regulations: Sector-specific rules governing marketing practices in regulated industries (e.g., healthcare, financial services)

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

Find the exact document you need

Comarketing Agreement

A U.S.-governed agreement establishing terms for collaborative marketing efforts between parties, including responsibilities, IP rights, and compliance requirements.

find out more

Sales And Marketing Services Agreement

A U.S.-governed agreement defining terms for provision of sales and marketing services, including scope, compensation, and compliance requirements.

find out more

Mutual Marketing Agreement

A U.S.-governed agreement establishing terms for collaborative marketing efforts between parties, including rights, responsibilities, and compliance requirements.

find out more

Sole Marketing Agreement

A U.S.-governed agreement granting exclusive marketing rights to a single party within a specified territory.

find out more

Manufacturing And Marketing Agreement

A U.S.-governed agreement establishing terms between manufacturers and marketing partners for product manufacturing and promotion.

find out more

Social Media Advertising Contract

A U.S.-compliant contract governing the terms and conditions of social media advertising services, including regulatory compliance and performance requirements.

find out more

Sales And Marketing Contract

A U.S.-governed agreement establishing terms for sales and marketing services, including performance metrics, compensation, and compliance requirements.

find out more

Marketing Support Agreement

A U.S.-governed agreement defining the terms between a marketing service provider and client, including service scope, deliverables, and compliance requirements.

find out more

Marketing Confidentiality Agreement

A U.S.-governed agreement protecting confidential marketing information shared between business parties.

find out more

Online Marketing Agreement

A U.S.-governed agreement establishing terms for online marketing services, including scope, compensation, and compliance requirements.

find out more

Joint Promotion Agreement

A U.S.-governed agreement establishing terms for collaborative marketing efforts between multiple parties, including promotional responsibilities and rights.

find out more

Exclusive Advertising Agreement

A U.S.-governed agreement granting exclusive rights to advertise or sell advertising space in specified media or locations, subject to federal and state advertising regulations.

find out more

Digital Advertising Agreement

A U.S.-governed agreement establishing terms for digital advertising services, including campaign specifications, metrics, and compliance requirements.

find out more

Brand Promotion Agreement

A U.S.-governed agreement establishing terms for brand promotion activities, including marketing requirements, compensation, and compliance obligations.

find out more

Advertising Sales Contract

A U.S.-governed agreement between publishers and advertisers establishing terms for advertising placements and related services.

find out more

Marketing Sales Agreement

A U.S.-governed agreement establishing terms for marketing and sales services between providers and clients.

find out more

Marketing Referral Agreement

A U.S.-governed agreement establishing terms for customer referrals and associated compensation between business parties.

find out more

Cross Marketing Agreement

A U.S.-governed agreement establishing terms for collaborative marketing efforts between parties, including brand usage and marketing responsibilities.

find out more

Marketing Rights Agreement

A U.S.-governed agreement that grants specific marketing and promotional rights from one party to another, subject to defined terms and conditions.

find out more

Marketing Commission Agreement

A US-governed agreement establishing commission-based compensation terms for marketing services.

find out more

Cooperative Marketing Agreement

A U.S.-governed agreement establishing terms for joint marketing efforts between parties, including responsibilities, costs, and revenue sharing.

find out more

Advertising Sales Agreement

A U.S.-governed contract establishing terms and conditions for advertising sales and placement between publishers and advertisers.

find out more

Marketing License Agreement

A U.S.-governed agreement that grants rights to use marketing materials and brand assets for promotional purposes.

find out more

Marketing Fee Agreement

A U.S.-governed agreement establishing terms and compensation for marketing services, compliant with federal and state marketing regulations.

find out more

Exclusive Marketing Agreement

A U.S.-governed agreement granting exclusive rights to market products or services within specified parameters.

find out more

Social Media Marketing Agreement

U.S.-governed agreement establishing terms for social media marketing services, including deliverables, compliance, and performance requirements.

find out more

Contract For Marketing Services

A U.S.-governed agreement establishing terms between marketing service providers and clients, defining service scope, deliverables, and compliance requirements.

find out more

Advertising Service Agreement

A U.S.-governed contract establishing terms between an advertising agency and client for advertising services delivery and management.

find out more

Marketing Partnership Agreement

A U.S.-governed agreement establishing terms for marketing collaboration between parties, including scope, responsibilities, and compliance requirements.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.