The Simple Marketing Contract is designed for use in the Australian business environment where a clear agreement is needed between marketing service providers and their clients. It is particularly suitable for small to medium-sized marketing engagements where a straightforward yet professional agreement is required. The document covers essential elements including scope of services, payment terms, intellectual property rights, and compliance with Australian marketing and advertising laws. This contract type is commonly used when engaging marketing agencies, consultants, or freelancers for services such as digital marketing, content creation, advertising campaigns, or general marketing support. It includes provisions that align with Australian Consumer Law, Privacy Act requirements, and advertising standards, making it suitable for businesses operating within the Australian jurisdiction.
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1. Parties: Identifies and defines the contracting parties - the marketing service provider and the client
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Detailed description of the marketing services to be provided
5. Term and Termination: Duration of the agreement and conditions for termination
6. Fees and Payment: Payment terms, rates, and invoicing arrangements
7. Obligations of Service Provider: Key responsibilities and commitments of the marketing service provider
8. Client Obligations: Client's responsibilities including provision of materials and approvals
9. Intellectual Property: Ownership and usage rights of marketing materials and content
10. Confidentiality: Protection of confidential information exchanged during the engagement
11. Compliance with Laws: Commitment to comply with relevant marketing and advertising laws
12. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Performance Metrics: Include when specific KPIs or performance targets are part of the agreement
2. Data Protection: Include when the marketing services involve collection or processing of personal data
3. Social Media Management: Include when services include social media marketing activities
4. Exclusivity: Include when the client requires exclusive marketing services
5. Subcontracting: Include when the service provider may need to engage third-party contractors
6. Creative Approval Process: Include when there needs to be a formal process for approving marketing materials
7. Crisis Management: Include when handling potential PR issues or marketing campaign problems needs to be addressed
1. Schedule 1 - Service Specifications: Detailed breakdown of marketing services, channels, and deliverables
2. Schedule 2 - Fee Schedule: Detailed pricing, payment structure, and any variable costs
3. Schedule 3 - Brand Guidelines: Client's branding requirements and style guide
4. Schedule 4 - Approved Marketing Channels: List of authorized marketing platforms and channels
5. Schedule 5 - Key Personnel: List of key team members and their roles if applicable
6. Appendix A - Compliance Checklist: Checklist of regulatory requirements and industry standards to be followed
7. Appendix B - Reporting Templates: Standard templates for marketing performance reports
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