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1. Parties: Identification of the service provider and client, including full legal names, ABNs, and registered addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the marketing services
3. Definitions: Clear definitions of key terms used throughout the agreement, including technical marketing terms and performance metrics
4. Scope of Services: Detailed description of marketing services to be provided, including channels, campaigns, and deliverables
5. Service Levels: Specific, measurable performance metrics and standards for marketing services
6. Response Times: Timeframes for various service responses, including campaign adjustments and reporting
7. Responsibilities: Clear delineation of both parties' obligations and responsibilities
8. Performance Monitoring: Methods and frequency of monitoring and reporting on service levels
9. Data Management: Protocols for handling customer data, ensuring Privacy Act compliance
10. Fees and Payment: Pricing structure, payment terms, and any performance-based incentives
11. Term and Termination: Duration of the agreement and conditions for termination
12. Dispute Resolution: Process for handling disagreements and escalation procedures
13. General Provisions: Standard legal clauses including governing law, entire agreement, and amendments
1. Compliance with Industry Standards: Include when specific industry codes or standards need to be referenced, such as AANA Code of Ethics
2. International Marketing: Required when marketing services extend beyond Australia
3. Social Media Management: Include when social media marketing is a significant component of services
4. Crisis Management: Add when handling of marketing-related crises needs specific protocols
5. Intellectual Property Rights: Include detailed IP provisions when creating substantial creative content
6. White Labeling: Include when services are provided under the client's brand
7. Agency-Client Relationship: Add when clarifying exclusive/non-exclusive relationship is important
1. Schedule A - Service Level Metrics: Detailed KPIs, targets, and measurement methodologies
2. Schedule B - Fee Structure: Detailed breakdown of fees, including base fees and performance-based components
3. Schedule C - Approved Marketing Channels: List of approved marketing channels and specific requirements for each
4. Schedule D - Reporting Templates: Standard formats for performance reports and analytics
5. Schedule E - Response Time Matrix: Detailed breakdown of response times for different service categories
6. Appendix 1 - Data Protection Protocol: Detailed procedures for handling personal data in compliance with Privacy Act
7. Appendix 2 - Escalation Matrix: Contact details and procedures for different levels of issue escalation
8. Appendix 3 - Brand Guidelines: Client's branding requirements and usage guidelines
Applicable Laws
Australian Consumer Law
Baseline Performance
Business Day
Campaign
Campaign Materials
Client
Client Data
Commencement Date
Confidential Information
Deliverables
Digital Marketing Services
Force Majeure Event
Initial Term
Intellectual Property Rights
Key Performance Indicators (KPIs)
Marketing Channels
Marketing Materials
Marketing Services
Performance Metrics
Personal Information
Privacy Laws
Recovery Plan
Renewal Term
Response Time
Service Credits
Service Hours
Service Level Failure
Service Level Requirements
Service Provider
Services
Spam Act Requirements
Target Performance Level
Term
Territory
Performance Standards
Response Times
Service Level Requirements
Performance Monitoring
Reporting Requirements
Data Protection
Privacy Compliance
Marketing Compliance
Fee Structure
Payment Terms
Service Credits
Key Personnel
Intellectual Property
Confidentiality
Data Security
Regulatory Compliance
Consumer Protection
Quality Assurance
Risk Management
Dispute Resolution
Force Majeure
Termination
Assignment
Subcontracting
Indemnification
Insurance
Warranties
Limitation of Liability
Governing Law
Amendment
Notice Requirements
Entire Agreement
Retail
E-commerce
Professional Services
Technology
Financial Services
Healthcare
Education
Hospitality
Manufacturing
Media and Entertainment
Telecommunications
Consumer Goods
Marketing
Digital Marketing
Brand Management
Legal
Procurement
Compliance
Client Services
Marketing Operations
Marketing Analytics
Agency Relations
Contract Management
Chief Marketing Officer
Marketing Director
Marketing Manager
Account Director
Digital Marketing Manager
Brand Manager
Marketing Operations Manager
Performance Marketing Manager
Client Services Director
Marketing Procurement Manager
Contract Manager
Marketing Compliance Officer
Agency Relations Manager
Marketing Analytics Manager
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