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1. Parties: Identification of the service provider and client, including full legal names and registered addresses
2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of the engagement
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of marketing services to be provided, including specific deliverables and expectations
5. Term and Termination: Duration of the agreement, renewal terms, and circumstances for termination
6. Fees and Payment: Payment terms, fee structure, invoicing schedule, and payment methods
7. Obligations of Service Provider: Key responsibilities and commitments of the marketing service provider
8. Client Obligations: Responsibilities of the client, including provision of materials and approvals
9. Intellectual Property Rights: Ownership and licensing of marketing materials, content, and creative works
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection and Privacy: Compliance with Privacy Act 2020 and handling of personal information
12. Warranties and Representations: Promises made by both parties regarding their capacity and service delivery
13. Limitation of Liability: Limits on liability and indemnification provisions
14. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Performance Metrics: Specific KPIs and performance measurement criteria - include when the agreement involves measurable marketing outcomes
2. Subcontracting: Terms for engaging third-party contractors - include when subcontracting is anticipated
3. International Services: Provisions for cross-border services - include for international marketing campaigns
4. Social Media Management: Specific terms for social media account management - include when social media services are part of the scope
5. Crisis Management: Procedures for handling marketing crises or reputation management - include for high-profile clients or sensitive industries
6. Non-Compete: Restrictions on working with competitors - include when dealing with sensitive market segments
7. Agency-Client Relationship: Clarification of agency status - include when the marketing provider acts as an agent for media buying
8. Content Ownership Transition: Procedures for transferring content and assets upon termination - include for complex digital marketing arrangements
1. Schedule 1 - Scope of Services: Detailed breakdown of specific marketing services, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed pricing, rate cards, and payment milestones
3. Schedule 3 - Service Levels: Performance standards, response times, and quality metrics
4. Schedule 4 - Approved Subcontractors: List of pre-approved third-party service providers
5. Schedule 5 - Brand Guidelines: Client's branding requirements and usage guidelines
6. Appendix A - Reporting Templates: Standard formats for marketing performance reports and analytics
7. Appendix B - Approval Process: Workflow for content approval and campaign sign-off
8. Appendix C - Technical Requirements: Technical specifications for digital marketing deliverables
Approved Personnel
Brand Guidelines
Business Day
Campaign
Client
Client Materials
Commencement Date
Confidential Information
Deliverables
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
Key Performance Indicators
Marketing Materials
Marketing Plan
Marketing Services
Milestones
Personal Information
Project Brief
Related Companies
Renewal Term
Representatives
Service Levels
Service Provider
Specifications
Subcontractors
Term
Territory
Third Party Materials
Working Hours
Term
Services
Service Provider Obligations
Client Obligations
Fees and Payment
Intellectual Property
Confidentiality
Data Protection
Performance Standards
Warranties
Limitation of Liability
Indemnification
Force Majeure
Termination
Exit Rights
Insurance
Compliance with Laws
Dispute Resolution
Assignment
Subcontracting
Non-Solicitation
Notices
Entire Agreement
Variation
Severability
Governing Law
Brand Protection
Conflict of Interest
Reporting Requirements
Approval Process
Quality Control
Personnel
Record Keeping
Audit Rights
Retail
E-commerce
Technology
Financial Services
Healthcare
Real Estate
Professional Services
Hospitality
Entertainment
Consumer Goods
Education
Non-profit
Manufacturing
Telecommunications
Legal
Marketing
Procurement
Compliance
Finance
Operations
Business Development
Brand Management
Digital Marketing
Commercial
Marketing Director
Chief Marketing Officer
Legal Counsel
Procurement Manager
Brand Manager
Marketing Manager
Account Director
Business Development Manager
Contracts Manager
Commercial Manager
Agency Director
Operations Manager
Digital Marketing Manager
Compliance Officer
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