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Marketing Sales Agreement Template for Netherlands

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Key Requirements PROMPT example:

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."

Document background
The Marketing Sales Agreement serves as a comprehensive legal framework for establishing and managing marketing service relationships in the Netherlands. This document is essential when engaging external marketing services or formalizing internal marketing arrangements, detailing service scope, deliverables, performance metrics, and compliance requirements. It incorporates Dutch legal requirements and EU regulations, particularly regarding data protection (GDPR), consumer protection, and advertising standards. The agreement is structured to protect both parties' interests while ensuring clear accountability and measurable outcomes in marketing activities. Key considerations include intellectual property rights, confidentiality, performance standards, and payment terms, making it suitable for both traditional and digital marketing services.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

















































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Relevant Industries

Retail

E-commerce

Technology

Professional Services

Consumer Goods

Financial Services

Healthcare

Entertainment

Manufacturing

Hospitality

Real Estate

Education

Telecommunications

Relevant Teams

Legal

Marketing

Sales

Business Development

Compliance

Procurement

Commercial Operations

Brand Management

Digital Marketing

Contract Administration

Relevant Roles

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

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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