Marketing Fee Agreement Template for Belgium

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Key Requirements PROMPT example:

Marketing Fee Agreement

"I need a Marketing Fee Agreement for my digital marketing agency to provide social media and content marketing services to a Belgian retail client, with a monthly retainer of €5,000 plus performance bonuses based on engagement metrics, starting March 1, 2025."

Document background
The Marketing Fee Agreement is essential for businesses operating in Belgium that engage external marketing service providers or agencies. This document establishes a clear contractual framework for marketing service relationships, detailing fee structures, service scope, and performance expectations. It ensures compliance with Belgian commercial law, including the Code of Economic Law and relevant EU regulations such as GDPR. The agreement is particularly important for protecting both parties' interests, managing expectations, and providing clear metrics for success. It should be used whenever a company engages external marketing services, whether for specific campaigns, ongoing marketing support, or strategic marketing initiatives. The document addresses key aspects such as payment terms, intellectual property rights, data protection, and performance measurement, all within the Belgian legal context.
Suggested Sections

1. Parties: Identification of the marketing service provider and the client, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, brief description of the client's business and marketing needs

3. Definitions: Key terms used throughout the agreement, including Marketing Services, Territory, Marketing Materials, and Performance Metrics

4. Scope of Services: Detailed description of marketing services to be provided, including specific marketing activities and deliverables

5. Fee Structure and Payment Terms: Marketing fees, calculation method, payment schedule, invoicing requirements, and late payment consequences

6. Performance Metrics: Key performance indicators (KPIs), measurement methods, and reporting requirements

7. Obligations of the Parties: Specific responsibilities of both the service provider and the client

8. Compliance with Laws: Obligations to comply with Belgian marketing laws, advertising standards, and data protection regulations

9. Intellectual Property: Ownership and usage rights of marketing materials and creative content

10. Confidentiality: Protection of confidential information exchanged during the marketing activities

11. Term and Termination: Duration of the agreement, renewal terms, and termination provisions

12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Exclusivity: Used when the marketing service provider is granted exclusive rights in certain territories or for specific products/services

2. Sub-contractors: Include when the marketing service provider may need to engage third parties

3. Insurance: Required when specific insurance coverage needs to be maintained by either party

4. Non-Competition: Include when restricting the service provider from working with competitors

5. Data Processing Agreement: Required when the marketing services involve processing personal data under GDPR

6. Force Majeure: Include specific provisions for handling unforeseen circumstances affecting marketing activities

7. Success Fees: Used when additional compensation is tied to achieving specific marketing goals

Suggested Schedules

1. Schedule 1 - Scope of Marketing Services: Detailed breakdown of specific marketing activities, channels, and deliverables

2. Schedule 2 - Fee Schedule: Detailed fee structure, including base fees, commission rates, and any success fees

3. Schedule 3 - KPI Metrics and Reporting Template: Specific performance indicators and format for regular reporting

4. Schedule 4 - Approved Marketing Materials: Templates or examples of pre-approved marketing materials and brand guidelines

5. Schedule 5 - Territory Definition: Detailed description of geographical areas or market segments covered

6. Appendix A - Data Processing Terms: Detailed GDPR-compliant data processing terms and procedures

7. Appendix B - Contact Details: Key contact persons and their details for both parties

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

Relevant legal definitions
Clauses
Relevant Industries

Retail

E-commerce

Technology

Financial Services

Consumer Goods

Professional Services

Entertainment

Healthcare

Telecommunications

Manufacturing

Hospitality

Real Estate

Education

Media and Advertising

Relevant Teams

Marketing

Legal

Finance

Procurement

Business Development

Commercial

Operations

Compliance

Account Management

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Marketing Manager

Business Development Manager

Commercial Director

Legal Counsel

Procurement Manager

Finance Director

Account Manager

Agency Director

Marketing Consultant

Contracts Manager

Chief Financial Officer

Chief Executive 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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