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Marketing Services Agreement Template for Nigeria

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Key Requirements PROMPT example:

Marketing Services Agreement

"I need a Marketing Services Agreement for my Nigerian tech startup to engage a digital marketing agency for a 12-month campaign starting March 2025, with special focus on social media management and performance metrics."

Document background
The Marketing Services Agreement is essential for businesses operating in Nigeria that engage external marketing expertise. This document is used when a company (the client) wishes to formally engage a marketing service provider for various marketing activities such as advertising, digital marketing, brand management, or promotional campaigns. The agreement ensures compliance with Nigerian legislation, including the NDPR 2019, APCON regulations, and consumer protection laws. It provides a structured framework for the service relationship, covering crucial aspects such as service scope, deliverables, payment terms, intellectual property rights, and performance metrics. This document is particularly important in the Nigerian business context where formal documentation of business relationships is crucial for legal protection and regulatory compliance.
Suggested Sections

1. Parties: Identification of the service provider and client, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Detailed definitions of 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 circumstances under which it can be terminated

6. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing requirements

7. Service Provider's Obligations: Key responsibilities and commitments of the marketing service provider

8. Client's Obligations: Key responsibilities and commitments of the client

9. Intellectual Property Rights: Ownership and usage rights of marketing materials and pre-existing IP

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection and Privacy: Compliance with NDPR and data protection requirements

12. Representations and Warranties: Standard warranties about service quality and compliance with laws

13. Limitation of Liability: Caps on liability and exclusions of certain types of damages

14. Indemnification: Mutual indemnification obligations for various risks

15. Force Majeure: Provisions for handling events beyond parties' control

16. Governing Law and Jurisdiction: Nigerian law as governing law and jurisdiction for disputes

17. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments

Optional Sections

1. Performance Metrics and KPIs: Include when specific performance measurements are required for the marketing services

2. Social Media Management: Include when services involve social media platform management

3. Content Creation and Approval Process: Include when service provider will be creating content requiring client approval

4. Agency-Client Relationship: Include when clarifying exclusive/non-exclusive relationship is important

5. Subcontracting: Include when service provider may need to engage subcontractors

6. Marketing Budget Management: Include when service provider will manage client's marketing budget

7. Compliance with APCON Regulations: Include detailed compliance terms when dealing with regulated advertising

8. International Marketing Provisions: Include when marketing services extend beyond Nigeria

9. Crisis Management: Include when services include handling PR crises or reputation management

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of specific marketing services to be provided

2. Schedule 2 - Fee Schedule: Detailed pricing structure, including rate cards and payment milestones

3. Schedule 3 - Service Levels: Specific performance metrics, response times, and quality standards

4. Schedule 4 - Approved Subcontractors: List of pre-approved subcontractors if applicable

5. Schedule 5 - Brand Guidelines: Client's branding requirements and usage guidelines

6. Appendix A - Campaign Brief Template: Standard template for campaign briefs and approvals

7. Appendix B - Reporting Templates: Templates for regular performance and campaign reports

8. Appendix C - Key Personnel: List of key team members from both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions







































Clauses






































Relevant Industries

Retail

E-commerce

Financial Services

Technology

Telecommunications

Fast-Moving Consumer Goods (FMCG)

Healthcare

Entertainment

Real Estate

Education

Manufacturing

Professional Services

Hospitality

Energy

Agriculture

Media and Publishing

Relevant Teams

Legal

Marketing

Procurement

Finance

Compliance

Business Development

Operations

Brand Management

Digital Marketing

Commercial

Risk Management

Corporate Communications

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Marketing Manager

Digital Marketing Manager

Legal Counsel

Procurement Manager

Contract Manager

Business Development Director

Agency Account Manager

Marketing Consultant

Compliance Officer

Finance Director

Chief Executive Officer

Commercial Director

Operations Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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