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Marketing Service Level Agreement Template for Belgium

A comprehensive service level agreement governed by Belgian law that establishes the terms and conditions for the provision of marketing services. This document outlines specific performance metrics, service standards, and deliverables for marketing activities while ensuring compliance with Belgian and EU regulations, including GDPR and advertising laws. It defines the responsibilities of both the service provider and client, includes detailed KPIs, reporting requirements, and data protection measures, and establishes clear governance frameworks for marketing operations. The agreement addresses both traditional and digital marketing services, incorporating provisions for content creation, campaign management, and performance measurement.

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What is a Marketing Service Level Agreement?

The Marketing Service Level Agreement is essential for businesses engaging external marketing service providers in Belgium. It serves as a crucial legal framework that defines the scope, quality standards, and performance metrics for marketing services while ensuring compliance with Belgian and EU regulations. This document is particularly relevant in today's digital age where marketing activities often involve complex data processing and multi-channel campaigns. The agreement typically includes detailed service specifications, KPIs, reporting requirements, data protection measures, and risk allocation between parties. It's designed to protect both service providers and clients while establishing clear expectations and deliverables. The agreement's structure accommodates various marketing services, from traditional advertising to digital marketing, social media management, and content creation, all within the Belgian legal context.

What sections should be included in a Marketing Service Level Agreement?

1. Parties: Identification and details of the service provider and client

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. Service Levels and KPIs: Specific performance metrics, targets, and measurement methods

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

7. Client Responsibilities: Obligations of the client, including provision of materials and approvals

8. Data Protection and Privacy: GDPR compliance measures and data handling requirements

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

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

11. Confidentiality: Protection of confidential information and trade secrets

12. Term and Termination: Duration of agreement and termination provisions

13. Liability and Indemnification: Limitation of liability and indemnification obligations

14. Force Majeure: Provisions for unforeseen circumstances and their handling

15. Governing Law and Jurisdiction: Specification of Belgian law and jurisdiction

16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

What sections are optional to include in a Marketing Service Level Agreement?

1. Compliance with Industry Standards: Include when specific industry regulations or standards must be followed

2. Social Media Management: Include when services involve social media platform management

3. Crisis Management: Include when emergency response and reputation management services are required

4. Content Creation Rights: Include when the agreement involves creation of specific content or campaigns

5. Third-Party Vendor Management: Include when external vendors or tools will be used in service delivery

6. International Marketing Provisions: Include when marketing activities extend beyond Belgium

7. Performance Penalties: Include when specific penalties for missing KPIs are required

8. Brand Guidelines Compliance: Include when strict adherence to client brand guidelines is crucial

What schedules should be included in a Marketing Service Level Agreement?

1. Schedule A - Service Level Specifications: Detailed breakdown of service levels, KPIs, and measurement methodologies

2. Schedule B - Fee Schedule: Detailed pricing structure, including rates for different services

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

4. Schedule D - Reporting Requirements: Specific reporting formats, frequencies, and requirements

5. Schedule E - Contact Details and Escalation Matrix: Key personnel and escalation procedures

6. Appendix 1 - Data Processing Agreement: GDPR-compliant data processing terms and procedures

7. Appendix 2 - Brand Guidelines: Client's branding requirements and guidelines

8. Appendix 3 - Campaign Approval Process: Workflow for campaign approval and implementation

Authors

Alex Denne

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

Jurisdiction

Belgium

Cost

Free to use

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