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Digital Marketing Services Agreement

Digital Marketing Services Agreement Template for New Zealand

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Key Requirements PROMPT example:

Digital Marketing Services Agreement

"I need a Digital Marketing Services Agreement for my e-commerce startup in New Zealand, focusing on social media management and SEO services, with special attention to data privacy compliance and performance-based payment structure."

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Document background
The Digital Marketing Services Agreement is essential for businesses in New Zealand engaging external digital marketing expertise or formalizing internal marketing arrangements. This agreement is designed to comply with New Zealand legislation, including the Privacy Act 2020, Fair Trading Act 1986, and Contract and Commercial Law Act 2017. It should be used whenever a business engages a digital marketing service provider, whether an agency, consultant, or freelancer. The agreement covers crucial aspects such as service scope, deliverables, performance metrics, intellectual property rights, data protection, and payment terms. It provides necessary legal protection while ensuring clarity in the marketing relationship and compliance with New Zealand's digital commerce and privacy regulations.
Suggested Sections

1. Parties: Identification of the service provider and client, including registered addresses and company details

2. Background: Context of the agreement and general purpose of the engagement

3. Definitions and Interpretation: Definitions of key terms used in the agreement, including technical marketing terms and interpretation clauses

4. Scope of Services: Detailed description of the digital marketing services to be provided

5. Term and Commencement: Duration of the agreement and start date

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

7. Client's Obligations: Client responsibilities, including provision of materials and approvals

8. Fees and Payment: Payment terms, fee structure, and billing arrangements

9. Performance Metrics and Reporting: KPIs, reporting requirements, and performance measurement criteria

10. Intellectual Property Rights: Ownership and usage rights of marketing materials and content

11. Data Protection and Privacy: Compliance with Privacy Act 2020 and data handling requirements

12. Confidentiality: Protection of confidential information for both parties

13. Termination: Conditions and process for ending the agreement

14. General Provisions: Standard legal clauses including notices, governing law, and dispute resolution

Optional Sections

1. Social Media Management: Specific terms for social media account management and content creation

2. SEO Services: Detailed terms for search engine optimization services if included

3. PPC Advertising: Terms specific to pay-per-click advertising management

4. Content Creation: Terms regarding content creation and approval processes

5. Website Management: Terms for website updates and maintenance if included

6. International Marketing: Additional terms for cross-border marketing activities

7. Agency-Client Relationship: Specific terms defining whether relationship is exclusive or non-exclusive

8. Influencer Marketing: Terms specific to influencer engagement and management

9. Crisis Management: Procedures for handling social media or marketing crises

Suggested Schedules

1. Schedule 1 - Service Specifications: Detailed breakdown of all digital marketing services and deliverables

2. Schedule 2 - Fee Schedule: Detailed pricing, payment structure, and any performance-based incentives

3. Schedule 3 - Service Level Agreement: Specific performance metrics, response times, and service standards

4. Schedule 4 - Approved Marketing Channels: List of approved platforms and channels for marketing activities

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

6. Appendix A - Reporting Templates: Standard formats for performance and activity reporting

7. Appendix B - Data Processing Agreement: Detailed terms for handling personal data in compliance with Privacy Act 2020

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions













































Clauses








































Relevant Industries

Marketing and Advertising

E-commerce

Retail

Professional Services

Technology

Healthcare

Education

Financial Services

Hospitality

Real Estate

Manufacturing

Non-profit Organizations

Entertainment

Tourism

Relevant Teams

Legal

Marketing

Digital

Procurement

Operations

Business Development

Compliance

Finance

Commercial

Relevant Roles

Marketing Director

Digital Marketing Manager

Chief Marketing Officer

Business Development Manager

Marketing Consultant

Social Media Manager

Content Marketing Manager

SEO Specialist

Digital Marketing Coordinator

Marketing Agency Owner

Legal Counsel

Contract Manager

Procurement Manager

Marketing Operations Manager

Chief Digital Officer

Freelance Digital Marketer

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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