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Online Marketing Agreement Template for Netherlands

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Key Requirements PROMPT example:

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."

Document background
The Online Marketing Agreement is essential for businesses operating in the Netherlands that engage external providers for digital marketing services. This document is particularly relevant in today's digital-first business environment, where companies increasingly rely on specialized marketing expertise. The agreement ensures compliance with Dutch and EU regulations, including the GDPR, Dutch Telecommunications Act, and Dutch Advertising Code. It should be used when engaging marketing agencies or consultants for services such as digital advertising, social media management, content marketing, or SEO. The agreement covers crucial aspects including service scope, deliverables, performance metrics, data protection, intellectual property rights, and payment terms, while incorporating specific Dutch legal requirements and business practices.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Technology

Professional Services

Consumer Goods

Financial Services

Healthcare

Education

Travel and Tourism

Real Estate

Manufacturing

Media and Entertainment

Telecommunications

Relevant Teams

Legal

Marketing

Procurement

Compliance

Digital

Commercial

Business Development

Operations

Finance

Risk Management

Relevant Roles

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

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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