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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Outlines the context and purpose of the agreement, including the business relationship between the parties
3. Definitions: Defines key terms used throughout the agreement for clarity and precision
4. Scope of Services: Details the specific marketing services to be provided, including deliverables and objectives
5. Term and Termination: Specifies the duration of the agreement and conditions for termination
6. Fees and Payment Terms: Outlines the fee structure, payment schedule, and invoicing procedures
7. Intellectual Property Rights: Addresses ownership and usage rights of marketing materials, branding, and creative content
8. Confidentiality: Defines confidential information and obligations regarding its protection
9. Compliance with Laws: Ensures adherence to relevant NZ laws including Fair Trading Act and Privacy Act
10. Representations and Warranties: States the promises and guarantees made by each party
11. Limitation of Liability: Sets out the extent and limitations of each party's liability
12. Dispute Resolution: Establishes the process for resolving disputes between parties
13. General Provisions: Includes standard legal clauses such as governing law, notices, and assignment
1. Performance Metrics: Defines KPIs and success metrics - include when specific performance targets are crucial
2. Agency Appointment: Specifies exclusive/non-exclusive nature of the appointment - relevant for agency relationships
3. Data Protection: Detailed data handling procedures - include when significant personal data processing is involved
4. Social Media Management: Specific terms for social media marketing - include when social media is a key component
5. Consumer Protection Compliance: Detailed consumer protection obligations - include for B2C marketing
6. International Marketing: Provisions for cross-border marketing - include when marketing extends beyond NZ
7. Subcontracting: Terms for engaging subcontractors - include when subcontracting is anticipated
8. Force Majeure: Provisions for unforeseen circumstances - include for long-term or high-value agreements
1. Schedule 1: Service Specifications: Detailed description of marketing services, methodologies, and deliverables
2. Schedule 2: Fee Schedule: Detailed breakdown of fees, rates, and payment structures
3. Schedule 3: Brand Guidelines: Client's branding requirements and usage guidelines
4. Schedule 4: Approved Marketing Channels: List of authorized marketing channels and platforms
5. Schedule 5: Key Personnel: Details of key team members and their roles
6. Appendix A: Reporting Templates: Standard templates for marketing performance reports
7. Appendix B: Compliance Checklist: Checklist ensuring compliance with NZ marketing regulations
8. Appendix C: Creative Brief Template: Standard format for submitting creative briefs
Advertising Materials
Approved Marketing Channels
Brand Guidelines
Business Day
Client
Client Materials
Commencement Date
Confidential Information
Deliverables
Digital Marketing Services
Effective Date
Fees
Force Majeure Event
Intellectual Property Rights
Key Personnel
Marketing Campaign
Marketing Materials
Marketing Services
Marketing Strategy
Performance Metrics
Personal Information
Project Brief
Service Provider
Social Media Platforms
Specifications
Term
Territory
Third Party Materials
Trademarks
Work Product
Services
Term
Fees and Payment
Performance Obligations
Approvals and Authorization
Intellectual Property
Confidentiality
Data Protection
Compliance
Warranties
Indemnification
Limitation of Liability
Insurance
Termination
Force Majeure
Assignment
Subcontracting
Non-Solicitation
Dispute Resolution
Notices
Governing Law
Entire Agreement
Variation
Severability
Competition
Brand Protection
Reporting
Quality Assurance
Agency Relationship
Retail
E-commerce
Technology
Professional Services
Healthcare
Financial Services
Hospitality
Entertainment
Manufacturing
Education
Real Estate
Consumer Goods
Telecommunications
Media and Communications
Marketing
Legal
Procurement
Commercial
Business Development
Brand Management
Digital Marketing
Compliance
Operations
Finance
Marketing Director
Chief Marketing Officer
Business Development Manager
Marketing Manager
Brand Manager
Digital Marketing Manager
Commercial Director
Legal Counsel
Contracts Manager
Account Director
Agency Director
Marketing Consultant
Procurement Manager
Compliance Officer
Marketing Operations Manager
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