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Sales And Marketing Agreement Template for Ireland

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Key Requirements PROMPT example:

Sales And Marketing Agreement

"I need a Sales and Marketing Agreement for my tech startup to engage a digital marketing agency in Ireland, starting January 2025, with specific KPIs for social media performance and lead generation, including GDPR compliance requirements for data handling."

Document background
The Sales And Marketing Agreement is essential for businesses operating in Ireland that wish to formalize their sales and marketing arrangements with external providers or partners. This document is particularly relevant in today's digital age where marketing activities must comply with strict data protection regulations and consumer protection laws. It serves as a comprehensive framework for defining service scope, performance expectations, and commercial terms while ensuring compliance with Irish and EU legislation, including GDPR, consumer protection laws, and advertising standards. The agreement is suitable for various arrangements, from full-service marketing agency relationships to specific campaign management or sales representation, and includes provisions for both traditional and digital marketing activities.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and brief description of the parties' business relationship

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

4. Appointment and Scope: Terms of appointment and scope of sales and marketing services

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

6. Services: Detailed description of sales and marketing services to be provided

7. Payment Terms: Compensation, commission structures, and payment schedules

8. Performance Targets: Key performance indicators and sales targets

9. Obligations of the Parties: Specific responsibilities and obligations of each party

10. Intellectual Property Rights: Protection and usage of trademarks, logos, and marketing materials

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: GDPR compliance and data handling requirements

13. Reporting and Records: Requirements for reporting, documentation, and record-keeping

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

Optional Sections

1. Training and Support: Details of training and support provided, used when there's significant product knowledge required

2. Marketing Budget: Allocation and management of marketing budget, included when the service provider manages client funds

3. Territory Restrictions: Geographic or market limitations, used when services are restricted to specific regions

4. Non-Compete: Restrictions on competing activities, included when exclusivity is required

5. Insurance: Insurance requirements and coverage details, important for high-value or high-risk services

6. Sub-contractors: Rules regarding use of sub-contractors, included when sub-contracting is permitted

7. Marketing Approval Process: Procedures for approving marketing materials, needed for regulated industries or strict brand control

8. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term agreements

Suggested Schedules

1. Schedule 1 - Service Level Agreement: Detailed performance metrics and service standards

2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates and calculation methods

3. Schedule 3 - Marketing Guidelines: Brand guidelines and marketing requirements

4. Schedule 4 - Territories: Detailed description of geographical territories or market segments

5. Schedule 5 - Approved Marketing Materials: List of pre-approved marketing materials and templates

6. Schedule 6 - Report Templates: Standard formats for performance and activity reporting

7. Schedule 7 - Key Personnel: List of key team members and their roles

8. Appendix A - Data Processing Agreement: Detailed GDPR compliance requirements and procedures

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


















































Clauses









































Relevant Industries

Retail

Technology

Consumer Goods

Professional Services

Manufacturing

E-commerce

Financial Services

Healthcare

Telecommunications

Media and Entertainment

Software and IT

Food and Beverage

Automotive

Real Estate

Education

Relevant Teams

Legal

Sales

Marketing

Business Development

Commercial

Procurement

Compliance

Finance

Operations

Brand Management

Relevant Roles

Marketing Director

Sales Manager

Business Development Manager

Chief Marketing Officer

Commercial Director

Legal Counsel

Contracts Manager

Marketing Operations Manager

Sales Director

Brand Manager

Digital Marketing Manager

Account Manager

Procurement Manager

Compliance Officer

Marketing Consultant

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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