Marketing Consultant Agreement for Saudi Arabia

Marketing Consultant Agreement Template for Saudi Arabia

A comprehensive legal agreement governed by Saudi Arabian law that establishes a professional relationship between a client and a marketing consultant or agency. This agreement outlines the scope of marketing services, deliverables, payment terms, and compliance requirements with Saudi marketing regulations and Sharia principles. It includes provisions for intellectual property rights, confidentiality, and performance standards while ensuring alignment with local commercial laws and business practices. The document addresses both traditional and digital marketing services, incorporating necessary safeguards for both parties and establishing clear guidelines for the consulting relationship.

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What is a Marketing Consultant Agreement?

The Marketing Consultant Agreement is essential for businesses operating in Saudi Arabia who engage external marketing expertise. This document becomes necessary when a company needs to formalize a relationship with a marketing professional or agency, whether local or international, to provide strategic marketing services. The agreement must comply with Saudi Arabian commercial law, including Royal Decree No. M/32 and relevant marketing regulations, while adhering to Sharia principles. It typically covers comprehensive terms including service scope, fees, intellectual property rights, confidentiality, and compliance requirements. The document is particularly important given Saudi Arabia's evolving marketing landscape and the need to ensure all marketing activities align with local cultural and regulatory requirements. It provides protection for both parties while establishing clear performance expectations and deliverables.

What sections should be included in a Marketing Consultant Agreement?

1. Parties: Identification of the Client and Marketing Consultant, including full legal names, addresses, and commercial registration details

2. Background: Context of the agreement and brief description of the parties' intention to enter into a marketing consultancy relationship

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Deliverables', 'Marketing Materials', etc.

4. Appointment and Scope of Services: Formal appointment of consultant and detailed description of marketing services to be provided

5. Term and Timeline: Duration of the agreement, including start date, end date, and any renewal provisions

6. Fees and Payment Terms: Consultant's compensation, payment schedule, expenses, and VAT implications

7. Obligations of the Consultant: Consultant's duties, performance standards, and compliance requirements

8. Client's Obligations: Client's responsibilities, including provision of information and materials

9. Intellectual Property Rights: Ownership and usage rights of marketing materials and creative works

10. Confidentiality: Protection of confidential information and trade secrets

11. Compliance with Laws: Obligation to comply with Saudi marketing regulations and other applicable laws

12. Termination: Grounds for termination, notice requirements, and consequences of termination

13. Governing Law and Jurisdiction: Specification of Saudi law as governing law and jurisdiction for disputes

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

1. Non-Competition: Restrictions on consultant's ability to work with competitors (include if protecting market position is crucial)

2. Insurance: Requirements for professional liability insurance (include for high-value or high-risk marketing campaigns)

3. Force Majeure: Provisions for unforeseen circumstances preventing performance (important for long-term agreements)

4. Data Protection: Compliance with data protection laws (include if handling personal data or customer information)

5. Shariah Compliance: Specific provisions ensuring compliance with Islamic principles (include if explicitly required)

6. Foreign Currency Provisions: Currency exchange and payment terms (include for international consultants)

7. Warranties and Indemnities: Additional protections and guarantees (include for complex or high-value services)

What schedules should be included in a Marketing Consultant Agreement?

1. Schedule 1 - Scope of Services: Detailed breakdown of marketing services, deliverables, and timelines

2. Schedule 2 - Fee Schedule: Detailed fee structure, payment milestones, and expense categories

3. Schedule 3 - Key Personnel: List of main consultant team members and their roles

4. Schedule 4 - Reporting Requirements: Format and frequency of progress reports and performance metrics

5. Schedule 5 - Approved Marketing Channels: List of approved marketing platforms and media channels

6. Appendix A - Client Brand Guidelines: Client's branding requirements and usage guidelines

7. Appendix B - Compliance Checklist: Checklist of Saudi marketing regulations and requirements

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

Jurisdiction

Saudi Arabia

Publisher

Genie AI

Cost

Free to use

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