Marketing Agreement

Marketing Agreement Template for Hong Kong

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Key Requirements PROMPT example:

"I need a Marketing Agreement for my Hong Kong retail chain engaging a digital marketing agency from March 2025, with particular focus on social media management and online advertising, including strict data protection clauses and performance metrics for e-commerce conversion rates."

Document background

The Marketing Agreement is essential for businesses operating in Hong Kong's dynamic commercial environment who wish to engage external marketing expertise or formalize internal marketing arrangements. This document is particularly relevant given Hong Kong's sophisticated marketing landscape and strict regulatory requirements, including data privacy, consumer protection, and advertising standards. The agreement typically covers comprehensive service specifications, intellectual property rights, performance standards, and compliance with local regulations. It's designed to protect both service providers and clients while ensuring clarity in commercial terms, service delivery expectations, and risk allocation. The document is adaptable for various marketing arrangements, from traditional advertising to digital marketing campaigns, and can be scaled according to the complexity and value of the marketing services being provided.

Suggested Sections

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

2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of the marketing arrangement

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

4. Appointment and Scope: Formal appointment of the marketing service provider and detailed scope of marketing services

5. Term and Termination: Duration of the agreement, renewal terms, and circumstances for termination

6. Service Provider's Obligations: Detailed responsibilities and commitments of the marketing service provider

7. Client's Obligations: Responsibilities of the client, including provision of materials and approvals

8. Fees and Payment: Payment terms, fee structure, expenses, and invoicing procedures

9. Intellectual Property Rights: Ownership and usage rights of marketing materials, existing IP, and newly created content

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: Compliance with PDPO and data handling requirements

12. Representations and Warranties: Standard warranties about capacity to contract and service quality

13. Limitation of Liability: Caps on liability and exclusions of certain types of damages

14. Force Majeure: Provisions for unforeseen circumstances preventing performance

15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Performance Metrics: Specific KPIs and measurement criteria - include when the agreement involves performance-based compensation

2. Territory: Geographic scope of marketing activities - include for agreements with territorial restrictions

3. Exclusivity: Terms of exclusive appointment - include when the marketing arrangement is exclusive

4. Compliance with Marketing Laws: Specific obligations regarding advertising standards and regulations - include for regulated industries

5. Social Media Management: Specific provisions for social media marketing - include when social media is a key component

6. Client Approval Process: Detailed procedures for obtaining client approvals - include for complex marketing campaigns

7. Personnel: Requirements for key personnel - include when specific individuals are crucial to service delivery

8. Insurance: Insurance requirements - include for high-value or high-risk marketing activities

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of marketing services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, commission structures, and payment terms

3. Schedule 3 - Brand Guidelines: Client's branding requirements and usage guidelines

4. Schedule 4 - Performance Metrics: Detailed KPIs and measurement methodologies

5. Schedule 5 - Approved Subcontractors: List of pre-approved subcontractors or vendors

6. Appendix A - Campaign Timeline: Projected timeline for marketing activities and deliverables

7. Appendix B - Required Reports: Templates and specifications for required marketing reports

8. Appendix C - Compliance Checklist: Checklist of regulatory requirements and compliance standards

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Retail

E-commerce

Financial Services

Technology

Consumer Goods

Healthcare

Real Estate

Hospitality

Education

Professional Services

Entertainment

Food and Beverage

Telecommunications

Fashion and Luxury

Manufacturing

Relevant Teams

Marketing

Legal

Procurement

Compliance

Business Development

Brand Management

Digital Marketing

Corporate Communications

Finance

Operations

Risk Management

Creative Services

Media Planning

Customer Experience

Strategy

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Marketing Manager

Digital Marketing Manager

Business Development Director

Commercial Director

Agency Account Manager

Procurement Manager

Legal Counsel

Contracts Manager

Compliance Officer

Marketing Operations Manager

Media Planning Manager

Content Strategy Manager

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