Marketing Services Agreement for New Zealand

Marketing Services Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions for the provision of marketing services between a service provider and a client. The agreement covers essential aspects including scope of services, deliverables, payment terms, intellectual property rights, data protection compliance under the Privacy Act 2020, and performance metrics. It incorporates specific provisions to ensure compliance with New Zealand's Fair Trading Act 1986 and other relevant legislation, while providing a clear framework for the marketing relationship.

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What is a Marketing Services Agreement?

The Marketing Services Agreement is designed for use in New Zealand business contexts where a company or organization engages a professional marketing service provider. This document is essential when establishing a formal relationship for the provision of marketing, advertising, or promotional services, ensuring compliance with New Zealand's legal framework including the Fair Trading Act 1986, Privacy Act 2020, and Contract and Commercial Law Act 2017. It outlines the scope of services, deliverables, performance metrics, payment terms, intellectual property rights, and data protection obligations. The agreement is particularly important for protecting both parties' interests in long-term marketing relationships and complex marketing campaigns, providing clear guidelines for service delivery and dispute resolution.

What sections should be included in a Marketing Services Agreement?

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

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

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

What schedules should be included in a Marketing Services Agreement?

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

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

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Retail

E-commerce

Technology

Financial Services

Healthcare

Real Estate

Professional Services

Hospitality

Entertainment

Consumer Goods

Education

Non-profit

Manufacturing

Telecommunications

Relevant Teams

Legal

Marketing

Procurement

Compliance

Finance

Operations

Business Development

Brand Management

Digital Marketing

Commercial

Relevant Roles

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

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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