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Sales And Marketing Outsourcing Agreement Template for Philippines

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Key Requirements PROMPT example:

Sales And Marketing Outsourcing Agreement

"I need a Sales and Marketing Outsourcing Agreement for my e-commerce company in the Philippines, with strong data protection clauses and specific provisions for digital marketing services, as we'll be handling sensitive customer data and running online campaigns starting January 2025."

Document background
The Sales And Marketing Outsourcing Agreement is essential for businesses operating in the Philippines who wish to delegate their sales and marketing functions to specialized external providers. This agreement is particularly relevant in the Philippine business environment where outsourcing is a significant industry sector. The document complies with Philippine legal requirements including the Civil Code, Labor Code, Data Privacy Act, and Consumer Protection laws. It is commonly used when companies seek to optimize their marketing operations, reduce operational costs, or access specialized expertise not available in-house. The agreement covers crucial elements such as service scope, KPIs, data protection, intellectual property rights, and payment terms, while ensuring compliance with local regulatory requirements and business practices.
Suggested Sections

1. Parties: Identification of the service provider and client, including full legal names and registered addresses

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 sales and marketing services to be provided

5. Term and Renewal: Duration of the agreement and conditions for renewal

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

7. Client's Obligations: Key responsibilities and commitments of the client

8. Performance Standards: Key performance indicators (KPIs) and service level requirements

9. Fees and Payment Terms: Pricing structure, payment schedule, and related financial terms

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

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: Compliance with data privacy laws and data handling requirements

13. Non-Competition and Non-Solicitation: Restrictions on competitive activities and employee solicitation

14. Termination: Grounds and procedures for contract termination

15. Dispute Resolution: Procedures for resolving disputes between parties

16. General Provisions: Standard legal provisions including governing law, notices, and amendments

Optional Sections

1. Insurance Requirements: Specific insurance coverage requirements - include when services involve significant risk or regulatory requirements

2. Compliance with Anti-Corruption Laws: Specific anti-corruption provisions - include when dealing with government entities or high-risk markets

3. Force Majeure: Provisions for unforeseeable circumstances - particularly relevant in long-term or high-value contracts

4. Business Continuity: Disaster recovery and business continuity requirements - include for critical service relationships

5. Subcontracting: Terms for engaging subcontractors - include when subcontracting is likely or permitted

6. Marketing Budget and Approval Process: Detailed budget management procedures - include when client wants specific control over marketing spend

7. International Data Transfer: Provisions for cross-border data transfers - include when services involve multiple jurisdictions

Suggested Schedules

1. Schedule A - Scope of Services: Detailed breakdown of all sales and marketing services to be provided

2. Schedule B - Service Levels and KPIs: Specific performance metrics, targets, and measurement methods

3. Schedule C - Fee Schedule: Detailed pricing structure, including any variable components or incentives

4. Schedule D - Approved Marketing Materials: List of pre-approved marketing materials and brand guidelines

5. Schedule E - Data Processing Requirements: Specific data handling procedures and compliance requirements

6. Schedule F - Key Personnel: List of key team members and their roles

7. Schedule G - Reporting Requirements: Templates and specifications for regular performance reports

8. Appendix 1 - Communication Protocol: Procedures for routine communications and escalations

9. Appendix 2 - Change Control Procedure: Process for requesting and implementing changes to services

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

Relevant legal definitions
























































Clauses












































Relevant Industries

Retail

E-commerce

Technology

Consumer Goods

Financial Services

Healthcare

Real Estate

Telecommunications

Manufacturing

Professional Services

Hospitality

Education

Entertainment

Automotive

Food and Beverage

Relevant Teams

Legal

Marketing

Sales

Procurement

Finance

Operations

Compliance

Business Development

Strategic Planning

Risk Management

Relevant Roles

Chief Marketing Officer

Sales Director

Marketing Manager

Business Development Manager

Procurement Manager

Legal Counsel

Contract Manager

Operations Director

Chief Financial Officer

Marketing Operations Manager

Sales Operations Manager

Compliance Officer

Account Manager

Project Manager

Vendor Relations 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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