The Marketing Agency Contract is essential for businesses seeking to formalize their relationship with external marketing service providers under Danish jurisdiction. This document is typically used when a company wants to outsource its marketing activities to a professional agency, whether for specific campaigns or ongoing marketing support. The contract covers crucial aspects including service scope, deliverables, pricing, intellectual property rights, and data protection requirements in accordance with Danish law and EU regulations. It provides clear guidelines for the working relationship, protecting both parties' interests while ensuring compliance with Danish marketing regulations, consumer protection laws, and GDPR requirements. The agreement is particularly important in the Danish context where specific marketing practices and consumer protection regulations must be carefully observed.
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Key Requirements PROMPT example:
Marketing Agency Contract
I need a Marketing Agency Contract under Danish law for a tech startup hiring an agency to handle our product launch in March 2025, with specific focus on digital marketing and social media management, including provisions for performance-based bonuses.
1. Parties: Identification and details of the contracting parties - the marketing agency and the client
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: 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 related financial terms
7. Client Obligations: Responsibilities and commitments of the client, including provision of materials and approvals
8. Agency Obligations: Responsibilities and commitments of the marketing agency
9. Intellectual Property Rights: Ownership and usage rights of created materials and pre-existing IP
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: GDPR compliance and data handling requirements
12. Warranties and Indemnities: Guarantees provided by both parties and protection against claims
13. Limitation of Liability: Caps on liability and exclusions
14. Force Majeure: Provisions for unforeseen circumstances and their handling
15. Governing Law and Jurisdiction: Confirmation of Danish law application and dispute resolution process
1. Non-Compete: Restrictions on working with competitors, used when sharing sensitive market strategies
2. Service Level Agreement: Specific performance metrics and standards, used for ongoing campaign management
3. Third-Party Contractors: Terms for use of subcontractors, needed when agency doesn't provide all services in-house
4. International Marketing: Additional provisions for cross-border marketing activities
5. Social Media Management: Specific terms for social media account handling and content posting
6. Crisis Management: Procedures for handling PR crises or marketing emergencies
7. Performance Bonuses: Structure for performance-based additional compensation
8. Client References: Terms for using client as a reference in agency's marketing materials
1. Schedule A - Service Specifications: Detailed breakdown of marketing services, deliverables, and timelines
2. Schedule B - Fee Structure: Detailed pricing, including hourly rates, project fees, and expenses
3. Schedule C - Key Personnel: List of key team members and their roles in service delivery
4. Schedule D - Brand Guidelines: Client's branding requirements and usage guidelines
5. Schedule E - Approval Process: Workflow for content approval and revision processes
6. Schedule F - Campaign Calendar: Planned marketing activities and campaign schedule
7. Appendix 1 - Data Processing Agreement: GDPR-compliant data processing terms and procedures
8. Appendix 2 - Service Level Metrics: Specific KPIs and performance measurement criteria
Authors
Relevant legal definitions
Clauses
Relevant Industries
Retail
E-commerce
Financial Services
Technology
Healthcare
Manufacturing
Professional Services
Consumer Goods
Entertainment
Education
Hospitality
Real Estate
Telecommunications
Automotive
Energy
Relevant Teams
Legal
Marketing
Procurement
Compliance
Finance
Digital Marketing
Brand Management
Communications
Business Development
Operations
Relevant Roles
Marketing Director
Chief Marketing Officer
Legal Counsel
Procurement Manager
Account Director
Creative Director
Digital Marketing Manager
Brand Manager
Communications Manager
Compliance Officer
Data Protection Officer
Contract Manager
Business Development Manager
Agency Principal
Marketing Operations Manager
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