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Marketing Contract for New Zealand

Marketing Contract Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions between a marketing service provider and a client for the provision of marketing services. The contract covers essential elements including scope of services, deliverables, payment terms, intellectual property rights, data protection compliance under NZ Privacy Act 2020, and performance metrics. It incorporates specific provisions to ensure compliance with New Zealand's Fair Trading Act 1986 and other relevant marketing regulations while protecting both parties' interests in the marketing relationship.

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What is a Marketing Contract?

This Marketing Contract template is designed for use in New Zealand business environments where organizations engage external marketing services. It provides a structured framework for establishing professional marketing relationships while ensuring compliance with New Zealand legislation, including the Fair Trading Act 1986, Privacy Act 2020, and Contract and Commercial Law Act 2017. The document is particularly useful when engaging marketing agencies, consultants, or service providers for various marketing activities such as digital marketing, traditional advertising, brand management, and campaign execution. It includes comprehensive provisions for service scope, deliverables, intellectual property rights, data protection, and performance measurements, making it suitable for both short-term campaign-based engagements and long-term marketing partnerships.

What sections should be included in a Marketing Contract?

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

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. Term and Termination: Duration of the agreement and conditions for termination

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

7. Obligations of the Service Provider: Marketing agency's responsibilities and service delivery commitments

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

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

10. Confidentiality: Protection of confidential information and trade secrets

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

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

13. Limitation of Liability: Limits on liability and indemnification provisions

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

What sections are optional to include in a Marketing Contract?

1. Digital Marketing Services: Specific terms for digital marketing activities, including social media and online advertising

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

3. Performance Metrics: KPIs and performance measurement criteria

4. Content Creation Rights: Detailed terms for content creation and ownership

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

6. Crisis Management: Procedures for handling marketing-related crisis situations

7. Compliance with Industry Standards: Specific industry compliance requirements

8. Sub-contractor Terms: Terms governing the use of sub-contractors or freelancers

What schedules should be included in a Marketing Contract?

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

2. Schedule 2 - Fee Schedule: Detailed pricing structure and payment milestones

3. Schedule 3 - Campaign Timeline: Project timeline and key delivery dates

4. Schedule 4 - Brand Guidelines: Client's branding requirements and guidelines

5. Schedule 5 - Approved Subcontractors: List of pre-approved subcontractors or suppliers

6. Schedule 6 - Service Level Agreement: Performance standards and response times

7. Appendix A - Reporting Templates: Standard templates for campaign reporting

8. Appendix B - Compliance Checklist: Marketing compliance requirements and checklist

Authors

Alex Denne

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

Jurisdiction

New Zealand

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions








































Clauses









































Relevant Industries

Retail

E-commerce

Technology

Financial Services

Healthcare

Professional Services

Entertainment

Consumer Goods

Hospitality

Education

Real Estate

Manufacturing

Non-profit

Telecommunications

Relevant Teams

Legal

Marketing

Procurement

Operations

Compliance

Finance

Business Development

Communications

Brand Management

Digital Marketing

Relevant Roles

Marketing Director

Chief Marketing Officer

Brand Manager

Marketing Manager

Legal Counsel

Procurement Manager

Contract Manager

Business Development Manager

Agency Account Manager

Digital Marketing Manager

Communications Manager

Compliance Officer

Chief Executive Officer

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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