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1. Parties: Identification and details of the Marketing Agency and the Client, including registration numbers and registered addresses
2. Background: Context of the agreement and brief overview of the parties' intentions
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Appointment and Scope: Formal appointment of the agency and overview of services to be provided
5. Term and Termination: Duration of the agreement, renewal terms, and termination conditions
6. Agency Services: Detailed description of core marketing services to be provided
7. Client Obligations: Client's responsibilities, including provision of materials, approvals, and cooperation
8. Fees and Payment: Fee structure, payment terms, expenses, and invoicing procedures
9. Intellectual Property Rights: Ownership and usage rights of marketing materials and creative works
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: POPIA compliance and data handling procedures
12. Performance Metrics: Key performance indicators and evaluation criteria
13. Warranties and Indemnities: Guarantees provided by both parties and liability provisions
14. General Provisions: Standard legal clauses including notices, governing law, and dispute resolution
1. Digital Marketing Services: Detailed provisions for digital marketing services, including social media management and online advertising
2. Traditional Media Services: Specific terms for traditional marketing channels like print, radio, or television
3. Content Creation: Terms specific to content creation, including approval processes and revision limits
4. Event Management: Terms for marketing event planning and execution services
5. International Marketing: Provisions for cross-border marketing activities and compliance with international regulations
6. Agency Team: Dedicated team structure and key personnel commitments
7. Subcontractor Terms: Terms governing the use and management of subcontractors
8. Crisis Management: Procedures for handling marketing-related crises or reputation management
9. White Labeling: Terms for white-label services where the agency operates under the client's brand
1. Schedule A - Service Level Agreement: Detailed service levels, response times, and performance standards
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and charging structures
3. Schedule C - Campaign Specifications: Specific details of planned marketing campaigns and deliverables
4. Schedule D - Brand Guidelines: Client's branding requirements and usage guidelines
5. Schedule E - Approval Process: Detailed workflow for content approval and revision processes
6. Schedule F - Reports and Analytics: Specifications for reporting requirements and performance metrics
7. Appendix 1 - Key Personnel: List of key team members and their roles
8. Appendix 2 - Technical Requirements: Technical specifications for digital marketing services
9. Appendix 3 - Compliance Checklist: Marketing compliance requirements and regulatory considerations
Agreement
Applicable Laws
Approved Budget
Brand Guidelines
Business Day
Campaign
Client
Client Materials
Commencement Date
Confidential Information
Content
Creative Works
Deliverables
Digital Assets
Digital Marketing Services
Effective Date
Fees
Force Majeure
Initial Term
Intellectual Property Rights
Key Performance Indicators
Marketing Materials
Marketing Plan
Media Buy
Media Partners
Personal Information
Project
Project Brief
Related Services
Renewal Term
Reports
Scope of Work
Services
Social Media Platforms
Specifications
Subcontractors
Term
Territory
Third Party Materials
Traditional Marketing Services
VAT
Work Product
Term and Duration
Services
Scope of Work
Agency Obligations
Client Obligations
Fees and Payment
Expenses
Performance Standards
Approvals and Sign-off
Intellectual Property Rights
Data Protection
Confidentiality
Non-solicitation
Warranties
Indemnification
Limitation of Liability
Force Majeure
Termination
Assignment
Subcontracting
Dispute Resolution
Governing Law
Consumer Protection
Brand Protection
Reporting Requirements
Service Levels
Change Control
Notice
Entire Agreement
Severability
Publicity Rights
Competition Compliance
Record Keeping
Audit Rights
Insurance
Anti-corruption
Relationship of Parties
Retail
Financial Services
Technology
Healthcare
Consumer Goods
Entertainment
Professional Services
Manufacturing
Education
Hospitality
Real Estate
Telecommunications
Automotive
Non-Profit Organizations
E-commerce
Marketing
Legal
Procurement
Finance
Business Development
Communications
Compliance
Creative Services
Digital Marketing
Brand Management
Client Services
Operations
Chief Marketing Officer
Marketing Director
Brand Manager
Marketing Manager
Digital Marketing Manager
Account Director
Creative Director
Legal Counsel
Procurement Manager
Finance Director
Business Development Manager
Communications Manager
Contract Manager
Agency Principal
Marketing Coordinator
Compliance Officer
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