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Marketing Agency Contract
"I need a Marketing Agency Contract under Austrian law for a digital-only marketing agency relationship, focusing heavily on social media management and online advertising, with specific GDPR compliance requirements and performance metrics for digital campaigns starting March 2025."
1. Parties: Identification of the Marketing Agency and the Client, including full legal names, registration details, and addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement, including specific marketing terminology
4. Scope of Services: Detailed description of marketing services to be provided, including core deliverables and responsibilities
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination
6. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures
7. Client Obligations: Client's responsibilities, including provision of materials and approvals
8. Agency Obligations: Agency's commitments, performance standards, and delivery timelines
9. Intellectual Property Rights: Ownership and usage rights of creative works, existing IP, and newly created materials
10. Data Protection and GDPR Compliance: Obligations regarding personal data processing and compliance with Austrian DSG and GDPR
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Indemnities: Guarantees provided by both parties and liability provisions
13. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Performance Metrics and KPIs: Specific measurable targets and evaluation criteria, used when performance-based billing is implemented
2. Social Media Management: Specific provisions for social media account management and content creation, included when social media services are part of the scope
3. Crisis Management: Procedures for handling PR crises or reputation management issues, relevant for full-service PR contracts
4. Third-Party Vendors: Terms governing relationship with external suppliers or platforms, needed when third-party services are utilized
5. International Marketing: Additional provisions for cross-border marketing activities, included when campaigns extend beyond Austria
6. Content Approval Process: Detailed workflow for content review and approval, important for clients requiring strict oversight
7. Budget Management: Procedures for handling marketing budgets and media buying, included for full-service agreements
1. Schedule 1: Service Specifications: Detailed breakdown of marketing services, deliverables, and timelines
2. Schedule 2: Fee Structure: Detailed pricing, rate cards, and payment terms
3. Schedule 3: Key Personnel: List of key team members and their roles
4. Schedule 4: Brand Guidelines: Client's branding requirements and style guide
5. Schedule 5: Approval Matrix: Decision-making hierarchy and approval processes
6. Appendix A: Data Processing Agreement: Detailed GDPR-compliant data processing terms
7. Appendix B: Service Level Agreement: Performance standards and response times
8. Appendix C: Campaign Brief Template: Standard format for campaign briefing and requirements
Authors
Agency
Agency Materials
Applicable Laws
Approved Budget
Background IP
Brief
Business Day
Campaign
Client
Client Materials
Commencement Date
Confidential Information
Creative Works
Data Protection Laws
Deliverables
Effective Date
Fees
Force Majeure Event
Foreground IP
Initial Term
Intellectual Property Rights
Key Performance Indicators
Marketing Materials
Marketing Services
Media Buy
Personal Data
Project
Project Manager
Campaign Schedule
Service Level Agreement
Services
Social Media Content
Specification
Staff
Subcontractor
Term
Territory
Third Party Materials
Working Hours
Services Provision
Appointment
Term and Termination
Agency Obligations
Client Obligations
Service Levels
Change Control
Fees and Payment
Performance Metrics
Intellectual Property Rights
Data Protection
Confidentiality
Non-Solicitation
Non-Competition
Warranties
Indemnification
Limitation of Liability
Force Majeure
Insurance
Compliance with Laws
Anti-Bribery
Assignment and Subcontracting
Notices
Dispute Resolution
Governing Law and Jurisdiction
Entire Agreement
Severability
Waiver
Amendments
Third Party Rights
Relationship of Parties
Survival
Counterparts
Retail
E-commerce
Financial Services
Technology
Healthcare
Consumer Goods
Entertainment
Real Estate
Hospitality
Education
Professional Services
Manufacturing
Telecommunications
Automotive
Non-profit Organizations
Legal
Marketing
Procurement
Compliance
Finance
Business Development
Creative Services
Account Management
Digital Marketing
Brand Management
Corporate Communications
Chief Marketing Officer
Marketing Director
Brand Manager
Legal Counsel
Procurement Manager
Account Director
Business Development Manager
Marketing Manager
Compliance Officer
Data Protection Officer
Contract Manager
Agency Director
Creative Director
Chief Executive Officer
Chief Financial Officer
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