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Marketing Sales Agreement
"I need a Marketing Sales Agreement for our digital marketing agency to provide social media marketing and online advertising services to a Netherlands-based tech startup, with GDPR compliance and performance-based compensation structure, starting March 2025."
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 and sales services to be provided
5. Term and Termination: Duration of the agreement and termination provisions
6. Compensation and Payment Terms: Fee structure, payment schedule, and related terms
7. Performance Metrics: KPIs and performance standards for marketing activities
8. Intellectual Property Rights: Ownership and usage rights of marketing materials and brand assets
9. Confidentiality: Protection of confidential information and trade secrets
10. Data Protection and Privacy: GDPR compliance and data handling requirements
11. Representations and Warranties: Guarantees made by each party regarding their capabilities and compliance
12. Liability and Indemnification: Allocation of risks and responsibilities between parties
13. Force Majeure: Provisions for unforeseen circumstances affecting performance
14. Governing Law and Jurisdiction: Application of Dutch law and dispute resolution mechanisms
15. General Provisions: Standard contractual clauses including notices, amendments, and assignment
1. Non-Competition: Restrictions on working with competitors, used when sharing sensitive market information
2. Marketing Budget: Include when client is responsible for providing specific marketing budget
3. Territory Restrictions: Used when marketing activities are limited to specific geographic areas
4. Minimum Performance Requirements: Include when setting specific sales or marketing targets
5. Agency Provisions: Required when the relationship qualifies as a commercial agency under Dutch law
6. Customer Data Ownership: Include when the agreement involves collection and management of customer data
7. Training and Support: Used when one party must provide training for marketing activities
8. Marketing Materials Approval Process: Include when formal approval procedures are required for marketing content
1. Schedule 1 - Service Level Agreement: Detailed performance metrics and service standards
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, commissions, and payment structures
3. Schedule 3 - Approved Marketing Channels: List of authorized marketing platforms and channels
4. Schedule 4 - Brand Guidelines: Client's branding requirements and usage guidelines
5. Schedule 5 - Reporting Templates: Standard formats for marketing performance reports
6. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms
7. Appendix B - Marketing Territory Map: Geographic boundaries for marketing activities
8. Appendix C - Approved Marketing Materials: Pre-approved marketing content and templates
Authors
Retail
E-commerce
Technology
Professional Services
Consumer Goods
Financial Services
Healthcare
Entertainment
Manufacturing
Hospitality
Real Estate
Education
Telecommunications
Legal
Marketing
Sales
Business Development
Compliance
Procurement
Commercial Operations
Brand Management
Digital Marketing
Contract Administration
Marketing Director
Sales Director
Chief Marketing Officer
Business Development Manager
Marketing Manager
Account Manager
Legal Counsel
Compliance Officer
Commercial Director
Brand Manager
Digital Marketing Manager
Marketing Consultant
Sales Operations Manager
Contract Manager
Procurement Manager
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