The Digital Marketing Services Contract is essential for businesses operating in Malta's digital economy, whether as service providers or clients. This agreement is specifically designed to comply with Maltese legal requirements while incorporating EU regulations, particularly regarding data protection and electronic commerce. It is used when engaging professional digital marketing services, covering comprehensive aspects from social media management to SEO services, content creation, and digital advertising campaigns. The contract addresses key concerns such as intellectual property rights, performance metrics, data protection, and service delivery standards, making it suitable for both local and international business relationships within Malta's jurisdiction. The document structure reflects current digital marketing practices while ensuring legal compliance with Malta's Electronic Commerce Act, Data Protection Act, and other relevant legislation.
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1. Parties: Identification of the service provider and client, including registered addresses and company details
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement, including technical digital marketing terminology
4. Scope of Services: Detailed outline of digital marketing services to be provided
5. Service Provider Obligations: Key responsibilities and commitments of the marketing agency
6. Client Obligations: Client's responsibilities, including provision of materials and approvals
7. Deliverables and Timeline: Specific outputs and delivery schedule for marketing campaigns and activities
8. Performance Metrics: KPIs and success metrics for measuring campaign effectiveness
9. Fees and Payment Terms: Pricing structure, payment schedule, and related financial terms
10. Data Protection and Privacy: GDPR compliance and data handling requirements
11. Intellectual Property Rights: Ownership and usage rights of marketing materials and content
12. Confidentiality: Protection of confidential information and trade secrets
13. Term and Termination: Duration of agreement and termination provisions
14. Limitation of Liability: Liability caps and exclusions
15. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Social Media Management: Specific terms for social media account management and posting
2. SEO Services: Detailed terms for search engine optimization services if included
3. Content Creation: Terms specific to content creation and approval processes
4. Influencer Marketing: Terms governing influencer collaboration and management
5. Email Marketing: Specific provisions for email marketing campaigns and compliance
6. PPC Advertising: Terms for paid advertising campaign management
7. Agency of Record: Terms establishing the agency as the primary marketing service provider
8. Multi-jurisdiction Compliance: Additional compliance requirements for international campaigns
9. Crisis Management: Procedures for handling social media or marketing crises
10. White Labeling: Terms for white-label service provision if applicable
1. Schedule A - Service Specifications: Detailed breakdown of services, methodologies, and deliverables
2. Schedule B - Fee Schedule: Detailed pricing, payment structure, and additional costs
3. Schedule C - Service Level Agreement: Performance standards, response times, and quality metrics
4. Schedule D - Approved Platforms: List of authorized marketing platforms and tools
5. Schedule E - Reporting Templates: Standard formats for performance and campaign reporting
6. Schedule F - Brand Guidelines: Client's branding requirements and style guide
7. Appendix 1 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
8. Appendix 2 - Campaign Calendar: Planned marketing activities and timelines
9. Appendix 3 - Key Personnel: List of key team members and their responsibilities
10. Appendix 4 - Compliance Checklist: Marketing compliance requirements and guidelines
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