This Marketing Contract template is designed for use in the German market when establishing a formal relationship between marketing service providers and their clients. It incorporates essential requirements under German law, including the German Civil Code (BGB), data protection regulations (GDPR/DSGVO), and the Act Against Unfair Competition (UWG). The document is particularly relevant when engaging marketing agencies, consultants, or service providers for advertising, promotional activities, digital marketing, or comprehensive marketing campaigns. It includes detailed provisions for service delivery, intellectual property rights, data protection, performance measurement, and regulatory compliance, while addressing specific German legal requirements for marketing and advertising activities. The contract structure ensures protection for both parties while maintaining flexibility for various marketing service arrangements.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and business relationship
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of marketing services to be provided
5. Service Provider Obligations: Key responsibilities and commitments of the marketing service provider
6. Client Obligations: Responsibilities and commitments of the client, including provision of materials and approvals
7. Fees and Payment: Payment terms, fee structure, and invoicing procedures
8. Intellectual Property Rights: Ownership and usage rights of marketing materials and content
9. Data Protection and Privacy: GDPR compliance and data processing obligations
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration of agreement and termination provisions
12. Liability and Indemnification: Limitation of liability and indemnification obligations
13. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Digital Marketing Services: Specific provisions for digital marketing activities, including social media and online advertising
2. International Marketing: Additional provisions for cross-border marketing activities
3. Performance Metrics: Specific KPIs and performance measurement criteria
4. Compliance with Industry Regulations: Additional compliance requirements for specific industries (e.g., healthcare, financial services)
5. Sub-contractors: Terms governing the use and management of sub-contractors
6. Crisis Management: Procedures for handling marketing-related crises or reputation issues
7. Agency of Record: Specific provisions if the agreement is for exclusive agency services
1. Schedule 1: Service Specifications: Detailed description of marketing services, deliverables, and timelines
2. Schedule 2: Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3: Brand Guidelines: Client's branding requirements and usage guidelines
4. Schedule 4: Key Performance Indicators: Detailed metrics and performance measurement criteria
5. Schedule 5: Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures
6. Schedule 6: Approved Sub-contractors: List of pre-approved sub-contractors and their roles
7. Appendix A: Campaign Brief Template: Standard template for campaign briefs and approvals
8. Appendix B: Reporting Templates: Standard templates for performance and campaign reporting
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