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Marketing Agreement Template for Saudi Arabia

A comprehensive legal agreement governed by Saudi Arabian law that establishes the terms and conditions for marketing services between a service provider and a client. The document outlines the scope of marketing activities, performance metrics, compliance requirements with Saudi regulations, content approval processes, and financial arrangements. It includes specific provisions for both traditional and digital marketing channels while ensuring adherence to local cultural norms and Shariah principles. The agreement covers intellectual property rights, data protection requirements under Saudi PDPL, and includes necessary provisions for marketing content compliance with Saudi media regulations.

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What is a Marketing Agreement?

The Marketing Agreement is essential for businesses operating in Saudi Arabia who wish to engage professional marketing services while ensuring compliance with local laws and regulations. This document is typically used when a company wants to formalize a relationship with a marketing service provider, whether for comprehensive marketing services or specific campaign management. The agreement needs to address unique aspects of the Saudi market, including compliance with Shariah principles, local content regulations, and the Saudi Personal Data Protection Law (PDPL). It covers various marketing channels including digital, traditional, and social media, while incorporating necessary approvals processes and cultural sensitivity requirements. The Marketing Agreement should be structured to protect both parties' interests while ensuring marketing activities align with Saudi Arabia's commercial regulations and advertising standards.

What sections should be included in a Marketing Agreement?

1. Parties: Identification of the contracting parties, including full legal names, addresses, and commercial registration details

2. Background: Context of the agreement, including the business relationship and marketing objectives

3. Definitions: Key terms used throughout the agreement, including marketing-specific terminology

4. Scope of Services: Detailed description of marketing services to be provided, channels, and territories covered

5. Term and Termination: Duration of the agreement, renewal terms, and termination conditions

6. Financial Terms: Payment terms, fees, commission structures, and expense arrangements

7. Performance Metrics: KPIs, reporting requirements, and performance evaluation criteria

8. Approvals Process: Procedures for content approval, timeline, and revision processes

9. Compliance Requirements: Obligations to comply with Saudi laws, regulations, and cultural requirements

10. Intellectual Property Rights: Usage rights, ownership of marketing materials, and brand guidelines

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: Compliance with PDPL and data handling requirements

13. Warranties and Representations: Standard warranties and specific marketing-related representations

14. Limitation of Liability: Liability caps and exclusions compliant with Saudi law

15. General Provisions: Standard boilerplate clauses including governing law, dispute resolution, and notices

What sections are optional to include in a Marketing Agreement?

1. Exclusivity: Used when parties agree to exclusive marketing arrangements in specific territories or channels

2. Subcontracting: Include when the marketing agency may need to engage third-party suppliers

3. Social Media Management: Specific provisions for social media marketing activities and account management

4. Content Creation: Detailed terms for creation, ownership, and usage of marketing content

5. Influencer Marketing: Terms specific to engaging and managing influencer relationships

6. Crisis Management: Procedures for handling marketing-related crises or negative publicity

7. Traditional Media: Specific provisions for traditional marketing channels like print, TV, or radio

8. Force Majeure: Include specific events affecting marketing activities beyond parties' control

What schedules should be included in a Marketing Agreement?

1. Schedule 1 - Service Level Agreement: Detailed performance metrics, response times, and service standards

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, commission structures, and payment terms

3. Schedule 3 - Approved Marketing Channels: List of approved marketing channels and any channel-specific requirements

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

5. Schedule 5 - Approval Matrix: Details of approval processes, timelines, and responsible parties

6. Schedule 6 - Compliance Checklist: Checklist of Saudi regulatory requirements and cultural considerations

7. Schedule 7 - Territory Definitions: Detailed description of geographical coverage and any territorial restrictions

8. Appendix A - Sample Reports: Templates for required marketing performance reports

9. Appendix B - Contact Details: Key personnel and escalation contacts for both parties

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

Jurisdiction

Saudi Arabia

Document Type

Agreement Contract

Cost

Free to use

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