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Marketing Sales Agreement
"I need a Marketing Sales Agreement for my e-commerce company to engage a digital marketing agency in Indonesia, with specific provisions for social media marketing and influencer management, starting from January 2025."
1. Parties: Identification of the contracting parties - the marketing service provider and the client company
2. Background: Context of the agreement, including the client's business and marketing needs
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. Compensation and Payment Terms: Fee structure, payment schedule, and related financial terms
7. Performance Metrics: Key performance indicators and success metrics
8. Intellectual Property Rights: Ownership and usage rights of marketing materials and content
9. Confidentiality: Protection of confidential information and trade secrets
10. Representations and Warranties: Commitments and guarantees from both parties
11. Compliance with Laws: Obligations to comply with Indonesian marketing and advertising laws
12. Data Protection: Handling of personal data in accordance with Indonesian data protection laws
13. Limitation of Liability: Extent and limitations of each party's liability
14. Force Majeure: Provisions for unforeseen circumstances
15. Dispute Resolution: Process for resolving disputes under Indonesian law
16. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Digital Marketing Services: Specific provisions for online marketing activities, required if digital marketing is part of the scope
2. Influencer Marketing: Terms specific to influencer collaboration and management, if applicable
3. International Marketing: Additional provisions for marketing activities outside Indonesia
4. Success Fee Structure: Performance-based compensation terms, if part of the arrangement
5. Third-Party Vendor Management: Terms for managing subcontractors or third-party service providers
6. Content Creation Rights: Detailed provisions about content creation and ownership
7. Marketing Budget Management: Terms for handling and reporting on marketing budget if the agency manages client funds
8. Non-Compete Clause: Restrictions on working with competitors, if required
9. Training and Support: Terms for any training or support services provided to the client
10. Client Resources and Obligations: Specific requirements for client-provided resources and approvals
1. Schedule A - Service Specifications: Detailed breakdown of marketing services and deliverables
2. Schedule B - Fee Structure: Comprehensive fee schedule including rates, commissions, and payment terms
3. Schedule C - Performance Metrics and KPIs: Detailed metrics and targets for measuring marketing success
4. Schedule D - Approved Marketing Channels: List of approved marketing channels and platforms
5. Schedule E - Brand Guidelines: Client's branding requirements and guidelines
6. Schedule F - Compliance Checklist: Checklist of regulatory requirements and compliance standards
7. Appendix 1 - Reporting Templates: Standard templates for marketing performance reports
8. Appendix 2 - Approval Process: Workflow for content approval and campaign authorization
9. Appendix 3 - Emergency Contact List: Key contacts for urgent matters and escalations
10. Appendix 4 - Data Processing Requirements: Specific requirements for handling personal data in marketing activities
Authors
Retail
E-commerce
Consumer Goods
Technology
Financial Services
Healthcare
Entertainment
Telecommunications
Hospitality
Automotive
Real Estate
Education
Food and Beverage
Fashion and Apparel
Professional Services
Legal
Marketing
Sales
Procurement
Finance
Compliance
Business Development
Brand Management
Digital Marketing
Operations
Commercial
Chief Marketing Officer
Marketing Director
Sales Director
Business Development Manager
Brand Manager
Marketing Manager
Legal Counsel
Contract Manager
Procurement Manager
Agency Relations Manager
Digital Marketing Manager
Commercial Director
Account Director
Marketing Operations Manager
Compliance Officer
Chief Financial Officer
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