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Marketing Support Agreement

Marketing Support Agreement Template for Belgium

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Key Requirements PROMPT example:

Marketing Support Agreement

"I need a Marketing Support Agreement for engaging a digital marketing agency to handle our social media presence and online advertising campaigns across Belgium and France, starting March 2025, with strict GDPR compliance requirements and performance metrics."

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Document background
The Marketing Support Agreement is designed for use in the Belgian market where a business requires external marketing services or support. This agreement is essential when engaging marketing agencies, consultants, or service providers for various marketing activities including digital marketing, advertising, brand promotion, and market research. The document incorporates Belgian commercial law requirements, EU data protection regulations, and specific provisions related to advertising and marketing practices in Belgium. It typically includes detailed service specifications, performance metrics, intellectual property arrangements, and data processing terms, making it suitable for both long-term marketing support relationships and project-based engagements. The agreement is particularly important in ensuring compliance with Belgian B2B regulations and the Code of Economic Law while protecting both parties' interests in the marketing relationship.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and business relationship

3. Definitions: Key terms used throughout the agreement

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

5. Service Provider's Obligations: Key responsibilities and commitments of the marketing service provider

6. Client's Obligations: Responsibilities and commitments of the client, including provision of materials and information

7. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing requirements

8. Intellectual Property Rights: Ownership and usage rights of marketing materials and content

9. Data Protection and Privacy: GDPR compliance and data handling requirements

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Duration of agreement and termination provisions

12. Liability and Indemnification: Limitation of liability and indemnification obligations

13. General Provisions: Standard legal clauses including governing law, notices, and entire agreement

Optional Sections

1. Performance Metrics: Specific KPIs and performance measurement criteria - include when service levels are crucial to the agreement

2. Personnel Requirements: Specific requirements for key personnel - include when certain expertise or qualifications are required

3. Compliance with Marketing Laws: Specific provisions regarding advertising regulations - include when dealing with regulated industries or specific marketing channels

4. International Transfer: Provisions for cross-border data transfers - include when marketing activities span multiple jurisdictions

5. Non-Competition: Restrictions on working with competitors - include when protecting market position is crucial

6. Insurance Requirements: Specific insurance coverage requirements - include for high-value or high-risk marketing activities

7. Subcontracting: Terms for engaging subcontractors - include when subcontracting is likely

Suggested Schedules

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

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Service Levels: Performance metrics, KPIs, and measurement methodology

4. Schedule 4 - Approved Marketing Channels: List of approved marketing channels and platforms

5. Schedule 5 - Brand Guidelines: Client's branding requirements and usage guidelines

6. Schedule 6 - Data Processing Agreement: Detailed GDPR-compliant data processing terms

7. Schedule 7 - Reporting Templates: Standard formats for performance and activity reporting

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Affiliate
Applicable Law
Approved Marketing Channels
Brand Guidelines
Business Day
Campaign
Confidential Information
Client
Client Materials
Data Protection Laws
Deliverables
Digital Marketing Services
Effective Date
Fees
Force Majeure Event
GDPR
Intellectual Property Rights
Key Performance Indicators
Marketing Materials
Marketing Plan
Marketing Services
Personal Data
Project
Project Brief
Reporting Period
Service Levels
Service Provider
Services
Specification
Subcontractor
Term
Territory
Third Party Materials
Working Hours
Clauses
Services
Performance
Payment
Intellectual Property
Data Protection
Confidentiality
Warranties
Service Levels
Approval Process
Client Obligations
Service Provider Obligations
Reporting
Personnel
Subcontracting
Term and Termination
Force Majeure
Liability
Indemnification
Insurance
Non-Competition
Non-Solicitation
Compliance with Laws
Change Control
Dispute Resolution
Governing Law
Assignment
Notices
Severability
Entire Agreement
Amendment
Third Party Rights
Data Processing
Audit Rights
Brand Protection
Marketing Standards
Relevant Industries

Retail

E-commerce

Technology

Financial Services

Consumer Goods

Professional Services

Healthcare

Telecommunications

Entertainment

Manufacturing

Food and Beverage

Fashion and Apparel

Automotive

Real Estate

Education

Relevant Teams

Legal

Marketing

Procurement

Commercial

Business Development

Compliance

Digital Marketing

Brand Management

Operations

Finance

Relevant Roles

Marketing Director

Chief Marketing Officer

Brand Manager

Marketing Manager

Legal Counsel

Procurement Manager

Business Development Manager

Agency Account Manager

Digital Marketing Manager

Marketing Operations Manager

Compliance Officer

Contract Manager

Commercial Director

Marketing Consultant

Agency Director

Industries
Belgian Civil Code (Code Civil/Burgerlijk Wetboek): Fundamental contract law principles including formation, validity, performance, and termination of contracts
Belgian Code of Economic Law (Code de droit économique/Wetboek van economisch recht): Regulates business practices, market practices, and commercial relationships between businesses
EU General Data Protection Regulation (GDPR) and Belgian Data Protection Act: Governs the processing of personal data in marketing activities, including data sharing, consent requirements, and cross-border transfers
Belgian Advertising Law: Specific regulations regarding advertising practices, including rules on comparative advertising, misleading advertising, and promotional activities
Belgian Competition Law: Ensures fair competition and prevents anti-competitive practices in marketing and promotional activities
Belgian Intellectual Property Laws: Protects copyrights, trademarks, and other IP rights in marketing materials and promotional content
E-Commerce Law (Book XII of the Code of Economic Law): Regulates online marketing activities, digital communications, and electronic commercial practices
Belgian B2B Law: Specific provisions governing unfair terms in B2B contracts and business relationships
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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