The Sales And Marketing Outsourcing Agreement is designed for situations where a company wishes to delegate its sales and marketing functions to a specialized external provider in New Zealand. This arrangement is particularly valuable for businesses seeking to expand their market presence, access specialized expertise, or optimize their operational efficiency without maintaining internal sales and marketing departments. The agreement encompasses detailed provisions for service delivery, performance measurement, data protection, and compliance with New Zealand's commercial and consumer protection laws. It is structured to protect both parties' interests while ensuring clear accountability and performance standards in the outsourcing relationship. This document is essential for businesses operating in New Zealand's market who want to establish a formal, comprehensive framework for their outsourced sales and marketing activities.
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1. Parties: Identification of the contracting parties - the principal company and the service provider
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Appointment and Scope of Services: Formal appointment of service provider and detailed description of sales and marketing services to be provided
5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination
6. Service Provider's Obligations: Key responsibilities, performance standards, and compliance requirements for the service provider
7. Principal's Obligations: Support, resources, and information to be provided by the principal company
8. Performance Metrics and Reporting: KPIs, reporting requirements, and performance review process
9. Fees and Payment Terms: Compensation structure, payment terms, expenses, and invoicing procedures
10. Intellectual Property Rights: Ownership and usage rights of existing and created IP, including marketing materials
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection and Privacy: Compliance with Privacy Act 2020 and data handling requirements
13. Liability and Indemnification: Risk allocation, limitation of liability, and indemnification obligations
14. Insurance: Required insurance coverage and minimum limits
15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. International Services: Additional provisions for cross-border services including compliance with foreign laws
2. Staff and Subcontractors: Rules regarding use of subcontractors and key personnel requirements
3. Non-Competition: Restrictions on service provider's ability to work with competitors
4. Change Control: Process for managing changes to services or commercial terms
5. Business Continuity: Disaster recovery and business continuity requirements
6. Audit Rights: Principal's rights to audit service provider's performance and records
7. Technology and Systems: Provisions regarding use of specific software or systems
8. Industry-Specific Compliance: Additional compliance requirements for regulated industries
1. Schedule 1 - Services Description: Detailed specification of sales and marketing services to be provided
2. Schedule 2 - Service Levels and KPIs: Detailed performance metrics, measurement methods, and penalties/rewards
3. Schedule 3 - Fee Schedule: Detailed fee structure, commission rates, and calculation methods
4. Schedule 4 - Approved Subcontractors: List of pre-approved subcontractors and their approved scope
5. Schedule 5 - Territory and Market Segments: Definition of geographical areas and market segments covered
6. Schedule 6 - Principal's Policies: Relevant company policies service provider must comply with
7. Schedule 7 - Reporting Requirements: Templates and specifications for required reports
8. Appendix A - Marketing Guidelines: Brand guidelines and marketing standards to be followed
9. Appendix B - Data Processing Requirements: Specific requirements for handling personal and customer data
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