The Marketing Service Level Agreement is essential for businesses operating in Malta that engage external marketing service providers or agencies. This document is particularly relevant in today's digital age where marketing services need precise definition and measurement. It establishes clear performance metrics, service standards, and accountability measures while ensuring compliance with Maltese and EU regulations, including GDPR and e-commerce laws. The agreement is typically used when a company wants to formalize its relationship with a marketing service provider, setting clear expectations for deliverables, response times, and quality standards. It includes comprehensive provisions for both traditional and digital marketing services, making it suitable for various business scenarios while providing the necessary legal protections under Maltese jurisdiction.
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1. Parties: Identification of the service provider and client, including full legal names and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of marketing services to be provided
5. Service Levels: Specific performance metrics, KPIs, and minimum service levels
6. Response Times: Agreed timeframes for different types of marketing deliverables and communications
7. Reporting and Review: Reporting requirements, frequency, and performance review procedures
8. Data Protection and Privacy: GDPR compliance measures and data handling procedures
9. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures
10. Term and Termination: Duration of agreement and termination provisions
11. Intellectual Property Rights: Ownership and usage rights of marketing materials and content
12. Confidentiality: Protection of confidential information and trade secrets
13. Warranties and Indemnities: Standard warranties and indemnification provisions
14. Force Majeure: Provisions for unforeseen circumstances and events beyond reasonable control
15. Governing Law and Jurisdiction: Specification of Maltese law and jurisdiction
1. Social Media Management: Specific provisions for social media marketing services, including account management and content guidelines
2. Content Creation: Detailed terms for content creation services, including revision cycles and approval processes
3. SEO Services: Specific provisions for search engine optimization services and performance metrics
4. Email Marketing: Terms specific to email marketing services, including compliance with spam regulations
5. Influencer Marketing: Provisions for influencer collaboration and management
6. Crisis Management: Procedures for handling marketing-related crisis situations
7. Third-Party Vendors: Terms governing the use of third-party marketing tools and services
8. International Marketing: Additional provisions for cross-border marketing activities
9. Agency Personnel: Specific terms regarding key personnel and team composition
1. Schedule 1 - Service Level Metrics: Detailed KPIs, performance metrics, and measurement methodologies
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Approved Marketing Channels: List of approved marketing channels and platforms
4. Schedule 4 - Brand Guidelines: Client's brand guidelines and requirements
5. Schedule 5 - Response Time Matrix: Detailed breakdown of response times for different service categories
6. Schedule 6 - Reporting Templates: Standard templates for performance reporting
7. Appendix A - Data Processing Agreement: Detailed GDPR-compliant data processing terms
8. Appendix B - Campaign Brief Template: Standard template for campaign briefs and approvals
9. Appendix C - Escalation Matrix: Contact details and procedures for issue escalation
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