Marketing Contract for Belgium

Marketing Contract Template for Belgium

A comprehensive agreement governed by Belgian law that establishes the terms and conditions for marketing services between a service provider and a client. The contract addresses key aspects including scope of services, deliverables, approval processes, intellectual property rights, data protection compliance under GDPR, and payment terms. It incorporates Belgian commercial law requirements and industry-specific regulations while ensuring compliance with local advertising standards and consumer protection laws. The document includes provisions for both traditional and digital marketing activities, with flexibility to accommodate various marketing channels and campaigns.

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What is a Marketing Contract?

This Marketing Contract is essential for businesses engaging external marketing service providers in Belgium. It serves as a legally binding agreement that defines the relationship between marketing agencies or consultants and their clients, ensuring clarity in service delivery and commercial terms. The document is structured to comply with Belgian civil and commercial law, incorporating necessary provisions for GDPR compliance, intellectual property protection, and industry-specific regulations. It's particularly relevant for both traditional and digital marketing services, including advertising, PR, social media, and content creation. The contract can be customized for various marketing activities while maintaining core protections and obligations under Belgian jurisdiction.

What sections should be included in a Marketing Contract?

1. Parties: Identification of the service provider (marketing agency/consultant) and the client

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of marketing services to be provided

5. Approval Process: Process for client review and approval of marketing materials

6. Service Provider Obligations: Key responsibilities and commitments of the marketing service provider

7. Client Obligations: Client's responsibilities including provision of materials and timely feedback

8. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing terms

9. Intellectual Property Rights: Ownership and licensing of marketing materials and deliverables

10. Brand Guidelines Compliance: Obligation to comply with client's brand guidelines and standards

11. Confidentiality: Protection of confidential information exchanged during the engagement

12. Data Protection: GDPR compliance and data processing obligations

13. Term and Termination: Duration of the agreement and termination provisions

14. Liability and Indemnification: Allocation of risks and liability limitations

15. General Provisions: Standard boilerplate clauses including governing law, notices, etc.

What sections are optional to include in a Marketing Contract?

1. Social Media Management: Include when services involve social media account management

2. Influencer Marketing: Include when engaging influencers or brand ambassadors

3. Event Management: Include when services involve organizing marketing events

4. Performance Metrics: Include when specific KPIs or performance targets are agreed

5. Crisis Management: Include when handling PR crises is part of the scope

6. Content Creation: Include when services involve creating original content

7. Traditional Media: Include when services involve TV, radio, or print advertising

8. Compliance with Industry Regulations: Include for regulated industries (e.g., alcohol, pharmaceuticals)

What schedules should be included in a Marketing Contract?

1. Schedule 1 - Services Description: Detailed specification of marketing services and deliverables

2. Schedule 2 - Fees and Payment Schedule: Detailed breakdown of fees, expenses, and payment milestones

3. Schedule 3 - Brand Guidelines: Client's brand guidelines and usage requirements

4. Schedule 4 - Service Levels: Performance standards and response times

5. Schedule 5 - Approved Subcontractors: List of pre-approved third-party service providers

6. Schedule 6 - Campaign Timeline: Project timeline and key delivery dates

7. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms

8. Appendix B - Creative Brief Template: Template for campaign or project briefs

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Belgium

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Retail

Technology

Financial Services

Healthcare

Consumer Goods

Entertainment

Food and Beverage

Automotive

Fashion

Real Estate

Professional Services

Education

Tourism

Telecommunications

Manufacturing

Non-profit

Relevant Teams

Marketing

Legal

Procurement

Finance

Compliance

Communications

Business Development

Operations

Brand Management

Digital Marketing

Public Relations

Relevant Roles

Marketing Director

Chief Marketing Officer

Brand Manager

Marketing Manager

Legal Counsel

Procurement Manager

Contract Manager

Business Development Manager

Agency Relations Manager

Communications Director

Digital Marketing Manager

Account Director

Chief Executive Officer

Operations Manager

Compliance Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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