The Marketing Contractor Agreement is essential for businesses in England and Wales engaging external marketing expertise. This document establishes a clear contractor relationship, distinguishing it from employment, while ensuring compliance with UK regulations including GDPR, IR35, and marketing laws. It protects both parties by clearly defining service scope, deliverables, payment terms, intellectual property rights, and confidentiality obligations. Use this agreement when engaging freelance marketers, agencies, or consultants for specific marketing projects or ongoing support.
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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. Scope of Services: Detailed description of marketing services to be provided
5. Term and Termination: Duration of agreement and termination provisions
6. Payment Terms: Fees, invoicing, and payment conditions
7. Intellectual Property Rights: Ownership and usage rights of marketing materials
8. Confidentiality: Protection of confidential information
9. Data Protection: GDPR compliance and data handling requirements
1. Non-Compete: Restrictions on working with competitors (include when protecting market position is crucial)
2. Performance Metrics: KPIs and success measurements (include when specific performance targets are required)
3. Equipment Provision: Terms for provided equipment or resources (include when client provides tools or equipment)
4. Subcontracting: Terms for engaging third parties (include when contractor may need to delegate work)
1. Schedule 1 - Services Description: Detailed breakdown of marketing services
2. Schedule 2 - Fee Schedule: Detailed pricing and payment terms
3. Schedule 3 - Service Levels: Performance standards and metrics
4. Appendix A - Brand Guidelines: Client's branding requirements
5. Appendix B - Approved Subcontractors: List of pre-approved third parties
6. Appendix C - Data Processing Agreement: GDPR-compliant data processing terms
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