The Marketing Agreement is essential for businesses engaging marketing services in Malta, providing a legally robust framework for the relationship between marketing service providers and their clients. It is particularly relevant in today's digital age where marketing activities must comply with both traditional commercial law and modern data protection requirements. The document should be used when engaging any form of marketing services, whether traditional or digital, and includes comprehensive provisions for service delivery, intellectual property rights, data handling, and performance measurement. Under Maltese law, particular attention is paid to compliance with local commercial regulations, GDPR requirements, and industry-specific marketing rules. The agreement is structured to protect both parties' interests while ensuring clarity in service delivery and payment terms.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and business relationship
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of marketing services to be provided
5. Service Provider's Obligations: Specific responsibilities and commitments of the marketing service provider
6. Client's Obligations: Responsibilities and commitments of the client
7. Approvals and Sign-off Process: Process for reviewing and approving marketing materials and campaigns
8. Fees and Payment Terms: Compensation structure, payment schedule, and related terms
9. Intellectual Property Rights: Ownership and usage rights of marketing materials and existing IP
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: Compliance with GDPR and Maltese data protection laws
12. Term and Termination: Duration of agreement and termination provisions
13. Liability and Indemnification: Allocation of risks and responsibilities between parties
14. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Performance Metrics: Specific KPIs and performance measurement criteria - include when quantifiable metrics are important
2. Exclusivity: Terms regarding exclusive rights or territories - include when exclusive arrangements are agreed
3. Budget Management: Procedures for managing marketing budgets - include for larger campaigns with significant budgets
4. Crisis Management: Procedures for handling PR crises or marketing emergencies - include for high-risk or public-facing campaigns
5. Compliance with Industry Standards: Specific industry compliance requirements - include when operating in regulated industries
6. Social Media Management: Specific terms for social media marketing - include when social media is a key component
7. Third-Party Contractors: Terms governing use of subcontractors - include when subcontracting is anticipated
1. Schedule 1 - Service Specifications: Detailed description of marketing services, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Brand Guidelines: Client's branding requirements and usage guidelines
4. Schedule 4 - Approved Marketing Channels: List of authorized marketing channels and platforms
5. Schedule 5 - Key Personnel: List of key team members and their roles
6. Appendix A - Reporting Templates: Standard templates for performance and activity reporting
7. Appendix B - Approval Workflows: Detailed procedures for content approval and sign-off
8. Appendix C - Compliance Checklist: Marketing compliance requirements and verification checklist
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