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Digital Marketing Agreement Template for Australia

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Key Requirements PROMPT example:

Digital Marketing Agreement

"I need a Digital Marketing Agreement for my Australian technology company engaging a marketing agency from January 2025, with particular focus on social media management and data protection compliance."

Document background
The Digital Marketing Agreement serves as a foundational document for businesses engaging digital marketing services in Australia. It is essential when establishing a professional relationship between a marketing service provider and a client for online marketing activities. The agreement covers crucial aspects including service scope, deliverables, KPIs, data protection, and compliance with Australian regulations such as the Privacy Act 1988, Spam Act 2003, and Australian Consumer Law. This document is particularly important given the increasing complexity of digital marketing channels and the need to protect both parties while ensuring regulatory compliance in the Australian business environment. It should be used when engaging any form of professional digital marketing services, from social media management to SEO, content marketing, and paid advertising campaigns.
Suggested Sections

1. Parties: Identification of the service provider and client

2. Background: Context of the agreement and general business objectives

3. Definitions: Definitions of key terms used throughout the agreement

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

5. Service Provider Obligations: Key responsibilities and commitments of the marketing agency

6. Client Obligations: Client responsibilities including provision of materials and approvals

7. Performance Metrics: KPIs and success metrics for marketing campaigns

8. Payment Terms: Fees, payment schedule, and billing procedures

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

10. Data Protection and Privacy: Compliance with privacy laws and data handling procedures

11. Confidentiality: Protection of confidential information and trade secrets

12. Term and Termination: Duration of agreement and termination provisions

13. Dispute Resolution: Procedures for handling disputes between parties

14. General Provisions: Standard legal clauses including governing law and notices

Optional Sections

1. Social Media Management: Specific terms for social media platform management and content creation

2. Influencer Marketing: Terms for engaging and managing influencer relationships

3. International Marketing: Provisions for cross-border marketing activities and compliance

4. Crisis Management: Procedures for handling PR crises and reputation management

5. Content Creation and Approval: Detailed process for content development and client approval

6. SEO Services: Specific terms for search engine optimization services

7. PPC Advertising: Terms specific to pay-per-click advertising campaigns

8. Website Management: Terms for website maintenance and optimization services

Suggested Schedules

1. Schedule 1 - Service Specifications: Detailed breakdown of specific digital marketing services and deliverables

2. Schedule 2 - Fee Schedule: Comprehensive pricing structure and payment terms

3. Schedule 3 - Performance Metrics and KPIs: Detailed performance indicators and measurement criteria

4. Schedule 4 - Approved Platforms and Tools: List of authorized marketing platforms and tools to be used

5. Schedule 5 - Brand Guidelines: Client's branding requirements and style guidelines

6. Schedule 6 - Data Processing Agreement: Detailed terms for handling personal data in compliance with privacy laws

7. Appendix A - Campaign Calendar: Proposed timeline for marketing campaigns and activities

8. Appendix B - Reporting Templates: Standard formats for performance and analytics reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















































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Relevant Industries

Retail

E-commerce

Technology

Professional Services

Healthcare

Education

Financial Services

Entertainment

Hospitality

Manufacturing

Real Estate

Consumer Goods

Non-profit

Media and Communications

Relevant Teams

Marketing

Legal

Procurement

Operations

Digital

Compliance

Business Development

Finance

Creative

Analytics

Content

Social Media

Client Services

Strategy

Relevant Roles

Marketing Director

Digital Marketing Manager

Chief Marketing Officer

Business Development Manager

Marketing Coordinator

Legal Counsel

Procurement Manager

Operations Manager

Social Media Manager

Content Marketing Manager

SEO Specialist

Agency Account Manager

Digital Strategy Director

Compliance Officer

Data Protection Officer

Contract Manager

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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