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Digital Marketing Agency Contract Template for New Zealand

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Key Requirements PROMPT example:

Digital Marketing Agency Contract

"I need a Digital Marketing Agency Contract for my e-commerce startup in New Zealand, focusing primarily on social media management and PPC advertising, with monthly performance reviews and the ability to adjust marketing budgets quarterly starting March 2025."

Document background
The Digital Marketing Agency Contract serves as a foundational document for establishing professional relationships between digital marketing service providers and their clients in New Zealand. This agreement is essential when businesses seek to outsource their digital marketing activities to specialized agencies, requiring a clear framework for service delivery, performance measurement, and mutual obligations. The contract addresses key aspects such as social media management, content creation, SEO services, and digital advertising, while ensuring compliance with New Zealand's legal framework, including the Privacy Act 2020, Fair Trading Act 1986, and relevant digital marketing regulations. It's particularly relevant in today's digital-first business environment where professional digital marketing services are crucial for business growth and online presence.
Suggested Sections

1. Parties: Identification of the digital marketing agency and the client, including full legal names, registered addresses, and company numbers

2. Background: Context of the agreement, including the client's business nature and their digital marketing needs

3. Definitions: Key terms used throughout the agreement, including technical digital marketing terminology

4. Scope of Services: Detailed outline of digital marketing services to be provided, including specific platforms and channels

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

6. Agency Obligations: Key responsibilities and commitments of the digital marketing agency

7. Client Obligations: Client's responsibilities, including provision of materials and approvals

8. Fees and Payment Terms: Pricing structure, payment schedule, and billing procedures

9. Intellectual Property Rights: Ownership and usage rights of marketing materials, content, and campaigns

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection and Privacy: Compliance with Privacy Act 2020 and data handling procedures

12. Performance Metrics: KPIs, reporting requirements, and performance evaluation criteria

13. Warranties and Indemnities: Agency's service guarantees and mutual indemnification provisions

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

Optional Sections

1. Social Media Management: Specific terms for social media account management and content creation, used when social media services are included

2. SEO Services: Detailed terms for search engine optimization services, included when SEO is part of the scope

3. Content Creation: Terms regarding content development and approval processes, used when content creation is a service component

4. PPC Advertising: Terms for paid advertising management, including budget handling and performance metrics, when PPC services are included

5. Third-Party Tools: Terms regarding the use of third-party marketing tools and platforms, included when specific tools are part of the service

6. International Marketing: Additional terms for cross-border marketing activities, included when serving international markets

7. Crisis Management: Procedures for handling social media or PR crises, included for high-profile clients or sensitive industries

8. White Labeling: Terms for white-label service provision, included when agency services are resold under client's brand

Suggested Schedules

1. Schedule 1: Service Level Agreement: Detailed metrics, response times, and service standards

2. Schedule 2: Fee Schedule: Comprehensive breakdown of fees, rates, and payment terms

3. Schedule 3: Campaign Specifications: Detailed campaign requirements, targets, and deliverables

4. Schedule 4: Approved Platforms and Tools: List of authorized marketing platforms and tools to be used

5. Schedule 5: Reporting Templates: Standard formats for performance reports and analytics

6. Appendix A: Brand Guidelines: Client's branding requirements and style guide

7. Appendix B: Compliance Checklist: Marketing compliance requirements and regulatory considerations

8. Appendix C: Key Personnel: List of key team members and their roles from both parties

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

Professional Services

Technology

Healthcare

Education

Financial Services

Tourism and Hospitality

Manufacturing

Real Estate

Non-profit Organizations

Entertainment and Media

Food and Beverage

Automotive

Construction

Relevant Teams

Marketing

Digital

Legal

Procurement

Operations

Business Development

Content

Social Media

Brand Management

E-commerce

Compliance

Finance

Relevant Roles

Chief Marketing Officer

Marketing Director

Digital Marketing Manager

Brand Manager

Marketing Operations Manager

Content Marketing Manager

Social Media Manager

SEO Specialist

Agency Account Manager

Marketing Procurement Manager

Legal Counsel

Contracts Manager

Business Development Manager

E-commerce Manager

Performance Marketing Manager

Chief Digital Officer

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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