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Marketing Agreement for Australia

Marketing Agreement Template for Australia

An Australian-governed agreement that establishes a formal relationship between a marketing service provider and a client for the provision of marketing services. The document outlines the scope of marketing activities, deliverables, performance metrics, payment terms, and compliance requirements under Australian law, including adherence to the Competition and Consumer Act 2010, Privacy Act 1988, and relevant advertising standards. It includes provisions for intellectual property rights, data protection, confidentiality, and specific obligations of both parties while ensuring compliance with Australian marketing and advertising regulations.

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What is a Marketing Agreement?

The Marketing Agreement is essential for businesses operating in Australia that wish to engage external marketing expertise or formalize their marketing arrangements. This document is designed to comply with Australian federal and state legislation, including consumer protection, privacy, and advertising laws. It establishes the framework for marketing services delivery, covering crucial aspects such as service scope, performance metrics, intellectual property rights, and data protection. The agreement is particularly valuable when engaging marketing agencies, consultants, or service providers for comprehensive marketing campaigns, digital marketing services, or ongoing marketing support. It protects both parties' interests while ensuring marketing activities align with Australian regulatory requirements and industry standards.

What sections should be included in a Marketing Agreement?

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions and Interpretation: Definitions of key terms and interpretation clauses

4. Term and Commencement: Duration of the agreement and conditions for commencement

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

6. Obligations of Service Provider: Specific responsibilities and commitments of the marketing service provider

7. Client Obligations: Responsibilities and commitments of the client

8. Fees and Payment Terms: Pricing, payment schedule, and related financial terms

9. Performance Metrics and Reporting: KPIs, reporting requirements, and performance evaluation criteria

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

11. Confidentiality: Protection and handling of confidential information

12. Data Protection and Privacy: Compliance with privacy laws and data handling requirements

13. Warranties and Representations: Standard warranties provided by both parties

14. Limitation of Liability: Limitations on liability and indemnification provisions

15. Termination: Conditions and process for terminating the agreement

16. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution

What sections are optional to include in a Marketing Agreement?

1. Non-Compete: Restrictions on working with competitors - include when exclusivity is required

2. Social Media Management: Specific provisions for social media handling - include when social media services are part of scope

3. Content Creation and Approval: Detailed process for content creation and approval - include for content-heavy marketing services

4. International Marketing: Provisions for international marketing activities - include when services span multiple jurisdictions

5. Agency Appointments: Provisions for appointing sub-agencies - include when subcontracting is permitted

6. Success Fees: Performance-based compensation structure - include when success fees are part of the compensation model

7. Brand Guidelines: Compliance with brand standards - include when working with established brands

8. Crisis Management: Procedures for handling marketing-related crises - include for high-profile campaigns

What schedules should be included in a Marketing Agreement?

1. Schedule 1 - Service Specifications: Detailed description of marketing services, deliverables, and timelines

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - KPIs and Performance Metrics: Specific performance indicators and measurement criteria

4. Schedule 4 - Approved Marketing Channels: List of approved marketing channels and platforms

5. Schedule 5 - Brand Guidelines: Client's branding requirements and guidelines

6. Schedule 6 - Reporting Templates: Standard templates for performance and activity reporting

7. Appendix A - Campaign Calendar: Planned marketing campaigns and activities timeline

8. Appendix B - Compliance Checklist: Regulatory and compliance requirements checklist

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions








































Clauses



































Relevant Industries

Retail

E-commerce

Technology

Financial Services

Healthcare

Professional Services

Consumer Goods

Entertainment

Education

Hospitality

Real Estate

Manufacturing

Non-profit

Telecommunications

Relevant Teams

Marketing

Legal

Procurement

Commercial

Business Development

Compliance

Digital

Brand Management

Communications

Creative Services

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Marketing Manager

Digital Marketing Manager

Content Marketing Manager

Marketing Coordinator

Business Development Manager

Commercial Director

Procurement Manager

Legal Counsel

Contract Manager

Marketing Consultant

Agency Account Manager

Compliance Officer

Industries








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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