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Sole Marketing Agreement

Sole Marketing Agreement Template for United States

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Key Requirements PROMPT example:

Sole Marketing Agreement

"I need a Sole Marketing Agreement for my software company to appoint an exclusive marketing agency to handle all our digital marketing in the Western United States, with a minimum performance requirement of $2M in generated sales per quarter starting March 2025."

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Document background
The Sole Marketing Agreement is utilized when a business wants to establish an exclusive relationship with a marketing partner while maintaining control over their brand and product representation. This contract type is particularly important in the U.S. market where marketing activities are heavily regulated at both federal and state levels. The agreement typically includes detailed provisions for marketing strategies, performance metrics, territorial exclusivity, and compensation structures. It provides legal protection for both parties while ensuring compliance with relevant marketing laws and regulations.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Terms of exclusive marketing rights and territorial scope

5. Duration and Termination: Contract term and conditions for termination

6. Marketing Obligations: Specific duties and responsibilities of the marketing party

7. Compensation: Payment terms, commission structures, and financial arrangements

Optional Sections

1. Performance Metrics: Specific KPIs and targets - include when specific performance standards need to be met

2. Digital Marketing Rights: Specific provisions for online marketing - include when digital marketing is a significant component

3. International Marketing: Provisions for cross-border marketing activities - include when marketing extends beyond domestic markets

Suggested Schedules

1. Schedule A - Territory Definition: Detailed description of geographic areas covered

2. Schedule B - Commission Structure: Detailed breakdown of commission rates and calculations

3. Schedule C - Marketing Materials: List of approved marketing materials and guidelines

4. Schedule D - Performance Metrics: Detailed KPIs and measurement criteria

5. Schedule E - Brand Guidelines: Specific requirements for brand usage and representation

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
Territory
Marketing Services
Effective Date
Initial Term
Renewal Term
Marketing Materials
Intellectual Property Rights
Brand Guidelines
Confidential Information
Commission
Net Sales
Performance Metrics
Key Performance Indicators
Marketing Strategy
Approved Marketing Channels
Target Market
Marketing Budget
Force Majeure
Competitor
Business Day
Quarter
Marketing Period
Gross Revenue
Digital Marketing
Social Media Platforms
Traditional Marketing Channels
Marketing Reports
Brand Assets
Exclusivity Period
Termination Notice
Material Breach
Marketing Personnel
Advertising Standards
Performance Review Period
Clauses
Appointment and Authority
Exclusivity
Territory Rights
Term and Duration
Marketing Obligations
Performance Requirements
Commission Structure
Payment Terms
Intellectual Property Rights
Brand Protection
Confidentiality
Non-Competition
Marketing Standards
Reporting Requirements
Approval Process
Quality Control
Termination Rights
Force Majeure
Indemnification
Insurance Requirements
Dispute Resolution
Governing Law
Assignment
Subcontracting
Notices
Amendments
Warranties
Representations
Compliance with Laws
Data Protection
Audit Rights
Marketing Budget
Performance Reviews
Relationship of Parties
Severability
Industries

Federal Trade Commission (FTC) Regulations: Including FTC Act regarding unfair or deceptive practices, Truth in Advertising regulations, and endorsement/testimonial guidelines that govern marketing practices

State-Specific Marketing Laws: Individual state consumer protection laws, state-specific advertising regulations, and state business and professional codes that vary by jurisdiction

Antitrust Laws: Federal and state laws including Sherman Antitrust Act, Clayton Act, and Federal Trade Commission Act that prevent monopolistic practices and ensure fair competition

Intellectual Property Laws: Copyright Act, Trademark Act (Lanham Act), patent laws, and trade secret protection provisions that protect creative and branded content in marketing

Digital Marketing Laws: CAN-SPAM Act, Children's Online Privacy Protection Act (COPPA), and state-specific digital marketing regulations governing online marketing activities

Privacy Laws: Including CCPA, state-specific privacy laws, and GDPR considerations for handling customer data in marketing activities

Contract Law: Uniform Commercial Code (UCC), state contract laws, and Statute of Frauds provisions that govern the formation and enforcement of marketing agreements

Industry-Specific Regulations: Specialized regulations such as FDA rules, financial services regulations, and industry-specific advertising requirements that apply to particular sectors

Consumer Protection Laws: Fair Credit Reporting Act, consumer protection statutes, and warranty laws that protect consumer interests in marketing relationships

Employment Law: Fair Labor Standards Act, state employment laws, and independent contractor regulations that may affect marketing personnel relationships

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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