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1. Parties: Identifies and provides full details of the contracting parties - the marketing service provider and the client
2. Background: Contextual information explaining the purpose of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement for clarity and precision
4. Scope of Services: Detailed description of the marketing services to be provided, including deliverables and objectives
5. Term and Termination: Duration of the agreement and conditions for termination
6. Payment Terms: Fee structure, payment schedule, and billing procedures
7. Intellectual Property Rights: Ownership and usage rights of marketing materials, content, and creative works
8. Confidentiality: Protection of confidential information and trade secrets
9. Data Protection and GDPR Compliance: Obligations regarding personal data processing and protection
10. Service Provider Obligations: Key responsibilities and commitments of the marketing service provider
11. Client Obligations: Client's responsibilities including provision of materials and approvals
12. Reporting and Performance Metrics: Requirements for reporting on campaign performance and success metrics
13. Warranties and Representations: Guarantees made by both parties regarding their capacity and capabilities
14. Limitation of Liability: Limits on parties' liability and indemnification provisions
15. General Provisions: Standard legal clauses including governing law, notices, and entire agreement
1. Social Media Management: Specific terms for social media account management and content creation, used when social media services are part of the scope
2. International Marketing: Additional provisions for cross-border marketing activities, when campaigns extend beyond Ireland
3. Agency-Client Relationship: Clarifies whether the relationship is exclusive and defines the extent of agency authority, used in agency agreements
4. Content Creation and Approval Process: Detailed procedures for content creation and client approval, important for content-heavy marketing services
5. Influencer Marketing: Terms governing the use of influencers and related compliance requirements, when influencer marketing is included
6. Crisis Management: Procedures for handling marketing-related crises or negative publicity, important for high-profile campaigns
7. Competition and Non-Solicitation: Restrictions on working with competitors and hiring staff, used when protecting competitive advantage is crucial
8. Subcontractor Terms: Rules governing the use of subcontractors or freelancers, when external resources may be needed
1. Schedule 1 - Service Level Agreement: Detailed performance standards, response times, and quality metrics
2. Schedule 2 - Fee Schedule: Comprehensive breakdown of fees, rates, and payment terms
3. Schedule 3 - Campaign Specifications: Detailed marketing campaign plans, timelines, and deliverables
4. Schedule 4 - Brand Guidelines: Client's branding requirements and usage guidelines
5. Schedule 5 - Approved Subcontractors: List of pre-approved subcontractors or freelancers
6. Appendix A - Data Processing Agreement: Detailed terms for handling personal data in compliance with GDPR
7. Appendix B - Marketing Tools and Platforms: List of authorized marketing tools, platforms, and software to be used
8. Appendix C - Reporting Templates: Standard formats for performance reports and analytics
Services
Deliverables
Campaign
Marketing Materials
Intellectual Property Rights
Confidential Information
Personal Data
Data Protection Laws
Service Provider
Client
Client Materials
Approved Budget
Campaign Period
Commencement Date
Digital Marketing Services
Marketing Strategy
Performance Metrics
Key Performance Indicators (KPIs)
Social Media Platforms
Content
Creative Works
Brand Guidelines
Target Audience
Territory
Working Day
Force Majeure Event
Service Levels
Project Brief
Advertising Standards
Media Plan
Platform Terms
Agency Fee
Success Metrics
Approval Process
Campaign Analytics
Third-Party Costs
Competitor
Marketing Channels
Consumer
User Generated Content
Influencer
Data Subject
Marketing Database
Advertising Materials
Publication Schedule
Response Time
Reporting Period
Subcontractor
Brand Assets
Terms of Service
Data Processing
Marketing Authorization
Appointment
Service Scope
Term and Duration
Payment Terms
Service Provider Obligations
Client Obligations
Intellectual Property Rights
Data Protection
Confidentiality
Performance Standards
Approval Process
Warranties
Indemnification
Limitation of Liability
Termination
Force Majeure
Assignment
Subcontracting
Compliance with Laws
Advertising Standards
Non-Solicitation
Non-Competition
Reporting Requirements
Quality Assurance
Campaign Management
Budget Management
Content Rights
Social Media
Brand Protection
Consumer Protection
Dispute Resolution
Notice Requirements
Entire Agreement
Variation
Severability
Governing Law
Third Party Rights
Waiver
Agency Relationship
Exit Management
Retail
E-commerce
Technology
Financial Services
Healthcare
Entertainment
Hospitality
Professional Services
Consumer Goods
Telecommunications
Education
Real Estate
Manufacturing
Non-profit
Media and Publishing
Legal
Marketing
Business Development
Procurement
Compliance
Finance
Brand Management
Digital Marketing
Creative Services
Operations
Marketing Director
Chief Marketing Officer
Marketing Manager
Legal Counsel
Business Development Manager
Brand Manager
Digital Marketing Manager
Procurement Manager
Contract Manager
Marketing Operations Manager
Account Director
Creative Director
Compliance Officer
Marketing Consultant
Agency Director
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