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The Marketing Consultant Agreement is essential for businesses in India seeking to engage external marketing expertise while maintaining legal compliance and protecting both parties' interests. This document is typically used when a company requires specialized marketing services but prefers not to hire full-time employees. The agreement, governed by Indian law, covers crucial elements such as service scope, deliverables, payment terms, intellectual property rights, and confidentiality obligations. It ensures compliance with relevant Indian legislation including the Contract Act, GST requirements, and digital marketing regulations. The document is particularly important in the current business environment where marketing strategies often involve both traditional and digital elements, requiring clear guidelines on data protection, content ownership, and performance metrics.

1. Parties: Identifies and provides details of the consulting party and the client company

2. Background: Contextual information about the engagement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

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

5. Term and Engagement: Duration of the agreement and nature of the engagement

6. Consultant's Obligations: Key responsibilities and commitments of the marketing consultant

7. Client's Obligations: Responsibilities and commitments of the client

8. Fees and Payment Terms: Compensation structure, payment schedule, and tax provisions

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

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection and Privacy: Compliance with data protection laws and privacy requirements

12. Non-Compete and Non-Solicitation: Restrictions on competitive activities and client solicitation

13. Termination: Conditions and procedures for ending the agreement

14. Indemnification: Mutual indemnification obligations and liability provisions

15. General Provisions: Standard clauses including notices, amendments, governing law, etc.