Marketing Services Agreement for the United States

Marketing Services Agreement Template for United States

A Marketing Services Agreement is a legally binding contract used in the United States that establishes the terms and conditions under which a marketing service provider will deliver specified marketing services to a client. The agreement covers essential elements including scope of services, deliverables, compensation, intellectual property rights, confidentiality, and compliance with federal and state marketing regulations. It incorporates key provisions to ensure compliance with FTC guidelines, digital marketing laws, and industry-specific requirements while protecting both parties' interests.

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What is a Marketing Services Agreement?

The Marketing Services Agreement is essential for businesses engaging external marketing expertise in the United States. This contract type is designed to clearly define the relationship between marketing service providers and their clients, establishing clear expectations, deliverables, and responsibilities. It addresses crucial aspects such as service scope, payment terms, intellectual property rights, and regulatory compliance with U.S. marketing laws. The agreement is particularly important in today's digital marketing landscape, where compliance with federal regulations, state laws, and industry standards is critical. It provides protection for both parties while ensuring transparency in marketing activities and deliverables.

What sections should be included in a Marketing Services Agreement?

1. Parties: Identifies the parties entering into the agreement, including full legal names and addresses

2. Background/Recitals: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Detailed description of marketing services to be provided

5. Term and Termination: Duration of the agreement and termination provisions

6. Compensation: Payment terms, rates, and billing procedures

7. Intellectual Property Rights: Ownership and licensing of marketing materials and content

8. Confidentiality: Protection of confidential information

9. Representations and Warranties: Standard promises made by each party

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

1. Non-Compete: Restrictions on working with competitors (use when protecting market position is crucial)

2. Insurance: Required insurance coverage (use for high-value or high-risk services)

3. Data Protection: Compliance with privacy laws (use when personal data processing is involved)

4. Service Levels: Performance metrics and standards (use for complex or ongoing campaigns)

What schedules should be included in a Marketing Services Agreement?

1. Schedule A - Services Description: Detailed outline of marketing services and deliverables

2. Schedule B - Fee Schedule: Detailed pricing and payment terms

3. Schedule C - Service Levels: Performance metrics and KPIs

4. Schedule D - Approved Subcontractors: List of pre-approved third-party service providers

5. Schedule E - Brand Guidelines: Client's branding requirements and specifications

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

United States

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Federal Trade Commission Act: Federal legislation that prohibits deceptive or unfair advertising practices, requires disclosure of material connections, and regulates endorsements and testimonials in marketing

CAN-SPAM Act: Federal law governing commercial email marketing practices, including requirements for opt-out mechanisms and email content/header requirements

Lanham Act: Federal trademark law that provides trademark protection, regulates false advertising, and addresses unfair competition in marketing

Copyright Act: Federal law protecting creative works, establishing content ownership rights, and governing work-for-hire provisions in marketing materials

Children's Online Privacy Protection Act (COPPA): Federal law regulating marketing to children under 13, including data collection restrictions and parental consent requirements

California Consumer Privacy Act (CCPA): State law governing consumer privacy rights and data protection in California, affecting marketing activities involving California residents

General Data Protection Regulation (GDPR): EU privacy law that may apply to US marketing services if targeting EU customers or processing EU resident data

FDA Marketing Regulations: Federal regulations governing marketing of healthcare and pharmaceutical products, including specific advertising requirements and restrictions

SEC/FINRA Marketing Rules: Federal regulations specific to marketing financial services and products, including disclosure requirements and advertising restrictions

State Contract Laws: Various state-specific laws governing contract formation, enforcement, and interpretation applicable to marketing service agreements

Independent Contractor Regulations: IRS guidelines and state-specific laws governing contractor classification and relationships in marketing service arrangements

Uniform Commercial Code: State-adopted standardized business laws affecting commercial transactions and contracts, including marketing service agreements

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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