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Online Marketing Agreement
"I need an Online Marketing Agreement for my e-commerce company to engage a digital marketing agency for managing our EU-wide social media campaigns and Google Ads, with a focus on GDPR compliance and performance-based compensation, starting March 2025."
1. Parties: Identification of the marketing service provider and the client, including full legal names, registration details, and addresses
2. Background: Context of the agreement, brief description of the parties' businesses, and their intentions for the marketing relationship
3. Definitions: Definitions of key terms used throughout the agreement, including technical marketing terms and performance metrics
4. Scope of Services: Detailed description of the marketing services to be provided, including channels, territories, and campaigns
5. Service Provider Obligations: Key responsibilities of the marketing service provider, including delivery timelines, reporting, and compliance requirements
6. Client Obligations: Client's responsibilities, including provision of materials, approvals, and access to necessary accounts or platforms
7. Fees and Payment: Compensation structure, payment terms, expenses, and any performance-based fees
8. Intellectual Property Rights: Ownership and usage rights for marketing materials, content, and campaign assets
9. Data Protection and Privacy: GDPR compliance requirements, data processing terms, and privacy obligations
10. Confidentiality: Protection of confidential information exchanged during the marketing relationship
11. Term and Termination: Duration of the agreement, renewal terms, and termination rights
12. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements
13. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Performance Metrics and KPIs: Specific metrics for measuring marketing success, use when performance-based compensation is included
2. Social Media Management: Specific terms for social media account management, required when social media services are part of the scope
3. Content Creation and Approval: Detailed process for content creation and approval, important for content marketing services
4. Influencer Marketing: Terms governing influencer selection, management, and compliance, needed for influencer marketing campaigns
5. Agency of Record: Exclusive agency provisions, use when the service provider is designated as the sole marketing agency
6. Third-Party Platforms: Terms for using third-party marketing platforms or tools, include when specific platforms are key to service delivery
7. International Marketing: Additional provisions for cross-border marketing activities, required for international campaigns
8. Crisis Management: Procedures for handling marketing-related crises or reputation issues, important for high-profile campaigns
1. Schedule 1 - Service Specifications: Detailed breakdown of marketing services, channels, and deliverables
2. Schedule 2 - Fee Schedule: Detailed pricing, payment structure, and any performance-based compensation metrics
3. Schedule 3 - Service Level Agreement: Performance standards, response times, and quality metrics
4. Schedule 4 - Approved Marketing Channels: List of authorized marketing channels and any channel-specific requirements
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and procedures
6. Schedule 6 - Brand Guidelines: Client's branding requirements and usage guidelines
7. Appendix A - Reporting Templates: Standard formats for marketing performance reports and analytics
8. Appendix B - Compliance Checklist: Marketing compliance requirements and regulatory considerations
Authors
Retail
E-commerce
Technology
Professional Services
Consumer Goods
Financial Services
Healthcare
Education
Travel and Tourism
Real Estate
Manufacturing
Media and Entertainment
Telecommunications
Legal
Marketing
Procurement
Compliance
Digital
Commercial
Business Development
Operations
Finance
Risk Management
Marketing Director
Chief Marketing Officer
Digital Marketing Manager
Legal Counsel
Procurement Manager
Business Development Manager
Marketing Agency Owner
Compliance Officer
Contract Manager
Commercial Director
Marketing Operations Manager
Chief Digital Officer
Marketing Consultant
General Counsel
Head of Digital Marketing
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