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Marketing Agency Contract
"I need a Marketing Agency Contract for my Belgium-based tech startup, focusing on digital marketing services including social media management and online advertising, with strict data protection clauses and the ability to service clients across the EU starting March 2025."
1. Parties: Identification of the marketing agency and the client, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of marketing services to be provided
5. Term and Termination: Duration of the agreement and conditions for termination
6. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures
7. Intellectual Property Rights: Ownership and licensing of creative works, marketing materials, and existing IP
8. Confidentiality: Protection of confidential information and trade secrets
9. Data Protection and GDPR Compliance: Obligations regarding personal data processing and protection
10. Performance Metrics and Reporting: KPIs, reporting requirements, and performance evaluation criteria
11. Client Obligations: Client's responsibilities and commitments
12. Agency Obligations: Agency's responsibilities and service standards
13. Warranties and Representations: Guarantees provided by both parties
14. Limitation of Liability: Limits on liability and indemnification provisions
15. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement
1. Social Media Management: Specific provisions for social media services, including account ownership and content approval processes
2. Third-Party Contractors: Terms governing the use of subcontractors or freelancers
3. International Marketing: Additional provisions for cross-border marketing activities
4. Crisis Management: Procedures for handling PR crises or reputation management issues
5. Competition Restrictions: Non-compete and exclusivity provisions
6. Content Creation and Approval: Detailed process for content creation, review, and approval
7. Performance Incentives: Bonus structures or performance-based compensation
8. Traditional Media Services: Specific provisions for traditional media advertising services
9. Event Marketing: Terms specific to event organization and management
1. Schedule 1: Service Level Agreement: Detailed specifications of service levels, response times, and quality standards
2. Schedule 2: Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3: Campaign Specifications: Specific details of marketing campaigns, timelines, and deliverables
4. Schedule 4: Brand Guidelines: Client's branding requirements and usage guidelines
5. Schedule 5: Key Personnel: List of key team members and their roles
6. Schedule 6: Approved Subcontractors: List of pre-approved third-party contractors
7. Schedule 7: Data Processing Agreement: Detailed GDPR-compliant data processing terms
8. Schedule 8: Marketing Calendar: Annual or quarterly marketing activity calendar
9. Appendix A: Reporting Templates: Standard templates for performance and campaign reporting
Authors
Retail
E-commerce
Technology
Financial Services
Healthcare
Consumer Goods
Professional Services
Entertainment
Hospitality
Manufacturing
Education
Non-profit
Real Estate
Telecommunications
Automotive
Legal
Marketing
Procurement
Finance
Compliance
Business Development
Creative
Digital
Brand Management
Communications
Operations
Marketing Director
Chief Marketing Officer
Legal Counsel
Procurement Manager
Brand Manager
Marketing Manager
Commercial Director
Business Development Manager
Account Director
Creative Director
Digital Marketing Manager
Compliance Officer
Contract Manager
Agency Director
Chief Executive Officer
Finance Director
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