Marketing Services Agreement Template for Denmark

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Key Requirements PROMPT example:

Marketing Services Agreement

I need a Marketing Services Agreement under Danish law for hiring a digital marketing agency to manage our social media presence and online advertising campaigns, with special attention to GDPR compliance and performance metrics.

What is a Marketing Services Agreement?

The Marketing Services Agreement is essential for businesses engaging external marketing service providers in Denmark. It is used when a company wishes to formally engage marketing services, whether for specific campaigns or ongoing marketing support. The agreement ensures compliance with Danish marketing laws, data protection regulations, and consumer protection requirements while clearly defining the scope of services, deliverables, and responsibilities of both parties. This document is particularly important in the Danish context as it incorporates specific requirements of Danish marketing legislation (Markedsføringsloven) and EU regulations like GDPR. The agreement typically includes detailed service specifications, approval processes, intellectual property provisions, and payment terms, making it suitable for both comprehensive marketing arrangements and specific campaign management.

What sections should be included in a Marketing Services Agreement?

1. Parties: Identification of the service provider and client with full legal details

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

3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation

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

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

6. Client's Obligations: Client's responsibilities including provision of materials and approvals

7. Approval Process: Procedures for submitting, reviewing, and approving marketing materials

8. Fees and Payment Terms: Service pricing, payment schedule, and invoicing procedures

9. Intellectual Property Rights: Ownership and licensing of marketing materials and pre-existing IP

10. Compliance with Laws: Compliance with Danish marketing laws and regulations

11. Confidentiality: Protection of confidential information exchanged during the service provision

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

13. Limitation of Liability: Limits on parties' liability under Danish law

14. Force Majeure: Provisions for unforeseen circumstances preventing performance

15. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction

What sections are optional to include in a Marketing Services Agreement?

1. Data Processing Terms: Required when personal data processing is part of marketing services (GDPR compliance)

2. Digital Marketing Services: Specific provisions for online marketing, social media, and digital campaigns

3. Traditional Marketing Services: Specific provisions for print, broadcast, and outdoor advertising

4. Service Levels: Specific performance metrics and service level agreements if required

5. Staff and Subcontractors: Terms governing use of personnel and third-party contractors

6. Non-Competition: Restrictions on working with competitors if required

7. Insurance: Specific insurance requirements for high-value campaigns

8. Brand Guidelines: Compliance with client's branding requirements and guidelines

What schedules should be included in a Marketing Services Agreement?

1. Schedule 1 - Services Description: Detailed specification of marketing services to be provided

2. Schedule 2 - Fee Schedule: Detailed pricing, rate cards, and payment terms

3. Schedule 3 - Service Levels: Performance metrics and measurement criteria

4. Schedule 4 - Approved Subcontractors: List of pre-approved third-party service providers

5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and details

6. Schedule 6 - Campaign Calendar: Timeline and scheduled marketing activities

7. Appendix A - Brand Guidelines: Client's branding requirements and usage rules

8. Appendix B - Approval Workflows: Detailed procedures for content approval process

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

Financial Services

Technology

Consumer Goods

Professional Services

Healthcare

Entertainment

Education

Manufacturing

Hospitality

Real Estate

Telecommunications

Automotive

Media and Communications

Relevant Teams

Legal

Marketing

Procurement

Compliance

Finance

Brand Management

Digital Marketing

Communications

Business Development

Operations

Relevant Roles

Marketing Director

Chief Marketing Officer

Brand Manager

Marketing Manager

Legal Counsel

Procurement Manager

Account Manager

Business Development Manager

Commercial Director

Marketing Consultant

Agency Director

Compliance Officer

Contract Manager

Project Manager

Digital Marketing Manager

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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