Marketing Agreement Template
A marketing agreement is a document that all parties sign that outlines the scope of work to be done and any responsibilities and expectations.
Marketing Agreement
In order to hire a specialized marketing agency for a service that an enterprise needs, the enterprise should have a properly authorized legal document which includes the task details and the terms and conditions of the project and a specific period of time of the contract.
A marketing agreement is a legally binding contract that outlines the relationship between two parties, a business and a party providing marketing services. A marketing agreement simply informs what services will provided by one party to the other party.
A marketing agreement basically runs from one to two years with option of continuing the contract for another couple of years or to terminate the contract. A marketing agreement simply grants the exclusive rights to a consultant for providing a specific service in an area for a specified amount of time. The client and consultant should be on the same page about the duration of the contract and the services required by client.
A marketing agreement basically states that when the contract is ongoing, no other marketing company can be used for that service in the specified time period.
Marketing agreement includes services; advertising, press releases, social media, promotional events, and any other way to advertise a business.
A marketing agreement will help the client and the consultant in protecting their interest from any unfortunate events in the future.
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Things to include in a Marketing Agreement:
Following are the clauses that are written in a marketing agreement:
- Name and contact information of both parties
- Hiring
- Intellectual property rights
- Agreement of the offeror
- Services to be provided by the marketing agency
- Payment policies
- Expenses
- Termination of the contract
- Publicity
- Confidentiality
- Time period of the contract
- Location and details of the project
- Disclosure
- Renewal of the contract
- Complete Agreement
- Signatures
- Cancellation of the contract
- Wholesaling fee
When it comes to having a marketing agreement, it is beneficial for not just the marketing agency, but it also benefits the client. Incase any thing goes wrong with the project; the client can take that against the marketing agency in the court as they have a legally binding contract that can help them get things right.
And in case of the marketeer, if the client has refused to pay or they have breached the contract in any way, the marketeer can take legal action against the client because they have a legal document in form of the contract that was signed in the presence of lawyers, and it protects the interests of both parties.
Importance of Marketing Agreement:
Marketing agreements are very important for a number of reasons. The most important thing about signing a marketing agreement is that they will protect both parties from getting involved in sort of trouble during the time period of the contract and even after the contract has ended.
A clear and well drafter marketing agreement will provide the parties involved to have a clear understanding about the project and it will outline their responsibilities. It also informs the parties about the payment policies in detail and clarify the terms and conditions in order to avoid disputes in the future.
A marketing agreement will lay down the deadline of the contract which will help both parties as they will have clear insight on how long they have to work together as well as how many tasks do they have to perform and how much time each task is going to take. A signed agreement will clarify the steps that needs to be take in case of intellectual property rights violation, assignment of rights and force majeure.
It will take care of the confidentiality matters during the project by clearly binding the marketing agency and specifying the terms and conditions. In case there is fraud or scam involved by either of the side, having a proper contract will help the other party in protecting themselves and solving the problem in the best way.
Signing a marketing agreement will simply help in ironing out any confusions and it will also help in avoiding any troubles that might occur in the future. In order for a project to go smoothly and things to stay positive between the parties involved, having a well drafted contract written with good intentions is necessary.
Without having a marketing agreement signed by the parties, the client might use another marketing agency at the same time, if the contract is signed, this can lead to breach of contract and the client would have to pay for their actions but if there is no signed contract, the client can hire another marketing agency and even though it is against the rules, the consultant can not to anything,
Why do you need a marketing agreement?
Having a marketing agreement will help in making sure that all parties that are involved have their responsibilities sorted out and are accountable, this will lead to a productive working relationship.
As a marketer that does your promotions and advertising, having a marketing agreement is essential for getting paid for the services that you have provided. It will legally bind both parties together for the duration of the contract and it will make sure that the client gets the result they require and in return the marketing agency gets paid the amount that was decided between the two parties.
Advantages of having a marketing agreement:
- Accountability: all parties involved will be clear about their responsibilities because of the contract
- Clarification of scope: Both parties will clearly understand the scope of work which will lead to a healthy working relationship
- Less risk of disputes: The parties involved are less likely to end up getting into disputes or disagreements about things if they have signed a contract and have previously agreed over everything.
- Consent: in case things go wrong, both parties have written consents from the other one and it shows what was agreed upon and will help in resolving the conflicts.
Disadvantages of having a marketing agreement:
- Time consuming: it is more labor and time intensive to draft a marketing contract and it is easier to just skip it completely
- Things can slip through cracks: Even though you may try to cover all the points you can still miss out some things and that can lead to frustrations in the future.
- Some consultants might not agree on signing an official document.
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Marketing Agreement
This Marketing Services Agreement (“Agreement”) is entered into ________________ (the “Effective Date”) by and between __________________________ (the “Client”) located at __________________________________________________ and ___________________________________ (the “Marketer”) located at ________________________________________, individually referred to as “Party”, and collectively the “Parties”.
Services Provided:
Hereby, the Marketer agrees to provide the services enlisted below (hereinafter referred to as the “Services”):
1._________________________________ 2._________________________________ 3._________________________________ 4._________________________________ 5._________________________________
The Parties agree that the Services must be completed by ____________________________.
Payment and Fees:
- The Parties concur that the Services will cost a total of _____________________.
- To be more precise, _______________ will be paid at the time this Agreement is signed and ___________ will be paid after the work is finished.
- The Parties concur that the method of payment shall be through ______________________.
- The Marketer can have costs outside of what is paid for the Services. The Marketer will accurately maintain a record of all costs related to providing the Services. Every ___________ days/upon completion of the Services, the Marketer shall provide an invoice to the Client for these costs, along with copies of the related receipts.
- Any single expense above $________ requires the client's written consent before being paid.
- Before any expenses are paid, the Client must give written consent in each case.
- Amounts due on invoices must be paid within ____ days of receiving them.
Term:
The "Effective Date" (sometimes referred to as the "Effective Date") of this Agreement is the above-mentioned date. The last day of this agreement is ___________________.
Termination:
The following events may result in the termination of this Agreement:
If either party violates this Agreement, it shall be immediately canceled. To be more precise, it will also cease if one of the Parties violates a clause outlined in this Agreement without revising it within _________________ time.
You may end this agreement at any time by giving the other party written notice at least _________________ days before you do so.
This Agreement shall expire if both Parties have fulfilled their responsibilities.
Confidentiality:
For the Marketer to provide the Services, it may be required for the Client to disclose proprietary information, including trade secrets, knowledge of the industry, and other private information, to the Marketer during this Agreement. At any point, the Marketer won't divulge any of this confidential information. Additionally, the Marketer will never utilize any of this confidential information for personal gain. Even after the Agreement is terminated by its natural expiration or by an early termination by either Party, this clause is still in full force and effect.
Relationship between parties:
- The Parties are aware that this Agreement does not constitute an exclusive contract.
- The Parties concur that they are free to negotiate additional agreements of a similar nature with other parties.
- The parties acknowledge that the Marketer is working as an independent contractor, not an employee, in performing the Services required by this Agreement.
- No partnership, joint venture, or other fiduciary relationship between the Client and the Marketer is established by this Agreement.
Ownership Rights:
- As long as it is necessary for the performance of the Services described in this Agreement, the Parties acknowledge and agree that all goods developed by the Marketer will be the sole property of the Client.
- The Marketer acknowledges and agrees that all intellectual property provided by the Client to him or her, including (but not limited to) copyrights, patents, trade secret rights, and other intellectual property rights connected to any ideas, concepts, techniques, inventions, processes, works of authorship, confidential information, or trade secrets, shall remain the sole property of the Client.
- After this Agreement expires, the Marketer will stop using that intellectual property.
Modifications:
Under no circumstances, including but not limited to breach of contract, tort, negligence, or other action, shall either party be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or in connection with this Agreement or the transactions contemplated hereby.
Dispute Resolution:
Any dispute or difference of any kind arising out of or related to this Agreement must be resolved by _________________ (Arbitration, mediation, or negotiation) (Circle one), following and according to the laws of ___________________.
Severability:
All other provisions of this Agreement shall remain in full force and effect as valid and enforceable and shall not be affected if any provision of this Agreement is found to be defective or unenforceable, in whole or in part.
Governing Law:
This Contract shall be governed and construed in accordance with the laws of _______________________________ , without giving effect to any conflicts of laws provisions.
Entire Agreement:
Concerning the subject matter of this Agreement, this Agreement contains the entire understanding and agreement of the Parties. It replaces all former understandings, agreements, inducements, and terms (express, implied, oral, written, or of any nature whatsoever concerning the subject matter hereof). Any usage of the trade that conflicts with any of the terms herein is superseded and replaced by the express terms hereof.
The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:
Client
Signed: ____________________________________________
Name: ____________________________________________
Date: ____________________________________________
Marketer
Signed: ____________________________________________
Name: ____________________________________________
Date: ____________________________________________