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Marketing Agency Contract Template for Netherlands

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Key Requirements PROMPT example:

Marketing Agency Contract

"I need a Marketing Agency Contract for my tech startup to engage a digital marketing agency for a 12-month social media campaign starting January 2025, with particular emphasis on data protection and performance metrics."

Document background
The Marketing Agency Contract is essential for businesses engaging external marketing expertise in the Netherlands. It establishes the formal relationship between a marketing agency and its client, providing a clear framework for the delivery of marketing services. This document is particularly relevant in today's digital age where marketing activities often involve multiple channels, complex data processing requirements, and significant intellectual property considerations. The contract must comply with Dutch civil law, EU regulations (particularly GDPR), and industry-specific requirements. It typically covers comprehensive service descriptions, approval processes, performance metrics, intellectual property rights, data protection measures, and payment terms. This template is designed to be adaptable for various marketing services while maintaining compliance with Dutch legal requirements and business practices.
Suggested Sections

1. Parties: Identification of the Marketing Agency and the Client, including full legal names, registration numbers, and registered addresses

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

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

4. Scope of Services: Detailed description of marketing services to be provided, including types of campaigns, channels, and deliverables

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

6. Fees and Payment Terms: Pricing structure, payment schedule, expenses, and invoicing procedures

7. Client Obligations: Client's responsibilities, including providing necessary information, materials, and approvals

8. Agency Obligations: Agency's commitments, professional standards, and delivery requirements

9. Approval Process: Procedures for submitting, reviewing, and approving marketing materials and campaigns

10. Intellectual Property Rights: Ownership and licensing of creative works, pre-existing IP, and final deliverables

11. Data Protection: GDPR compliance, data processing terms, and data security measures

12. Confidentiality: Protection of confidential information exchanged during the engagement

13. Liability and Indemnification: Limitation of liability, warranties, and indemnification provisions

14. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement

Optional Sections

1. Performance Metrics: Specific KPIs and performance measurement criteria - include when the contract is performance-based

2. Exclusivity: Terms regarding exclusive rights and non-compete provisions - include when exclusive arrangements are agreed

3. International Services: Provisions for cross-border marketing activities - include when services span multiple jurisdictions

4. Personnel: Key personnel commitments and replacement procedures - include when specific team members are crucial

5. Crisis Management: Procedures for handling PR crises or campaign issues - include for high-risk or public-facing campaigns

6. Social Media Management: Specific terms for social media account management - include when social media services are provided

7. Compliance with Industry Standards: Adherence to specific industry marketing regulations - include for regulated industries

Suggested Schedules

1. Schedule 1 - Scope of Work: Detailed breakdown of marketing services, deliverables, and timelines

2. Schedule 2 - Fee Schedule: Detailed pricing, rate cards, and payment terms

3. Schedule 3 - Service Level Agreement: Performance standards, response times, and quality metrics

4. Schedule 4 - Brand Guidelines: Client's branding requirements and usage guidelines

5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms

6. Appendix A - Campaign Brief Template: Standard template for campaign briefing and approval

7. Appendix B - Reporting Templates: Standard formats for campaign performance reporting

8. Appendix C - Key Personnel: List of key team members and their roles

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

E-commerce

Financial Services

Technology

Consumer Goods

Healthcare

Professional Services

Entertainment

Tourism

Education

Real Estate

Food and Beverage

Automotive

Telecommunications

Relevant Teams

Legal

Marketing

Procurement

Finance

Compliance

Operations

Business Development

Account Management

Creative

Digital

Analytics

Brand Management

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Marketing Manager

Legal Counsel

Procurement Manager

Contract Manager

Agency Director

Account Director

Business Development Manager

Operations Director

Compliance Officer

Data Protection Officer

Finance Director

Project 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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