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Marketing Agency Agreement

Marketing Agency Agreement Template for New Zealand

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Key Requirements PROMPT example:

Marketing Agency Agreement

"I need a Marketing Agency Agreement for my tech startup based in Auckland, New Zealand, focusing on digital marketing services including social media management and content creation, with the agreement to commence on March 1, 2025."

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Document background
The Marketing Agency Agreement is essential for businesses in New Zealand seeking to formalize their relationship with marketing service providers. This document is specifically designed to comply with New Zealand's legal framework, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Privacy Act 2020. It should be used when engaging a marketing agency for services such as advertising, digital marketing, brand development, or promotional campaigns. The agreement covers crucial aspects including service scope, deliverables, intellectual property rights, data protection, performance metrics, and payment terms. It provides necessary protections for both parties while ensuring compliance with New Zealand's advertising standards and business regulations.
Suggested Sections

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

2. Background: Context of the agreement, including the client's business, agency's expertise, and purpose of engagement

3. Definitions: Key terms used throughout the agreement, including technical marketing terms and contract-specific definitions

4. Scope of Services: Detailed description of marketing services to be provided, including specific deliverables and responsibilities

5. Term and Commencement: Duration of the agreement and start date

6. Agency Obligations: Specific duties and responsibilities of the marketing agency

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

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

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

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 and measurement criteria for marketing activities

13. Termination: Conditions and procedures for ending the agreement

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

Optional Sections

1. Agency Team: Details of key team members and their roles - include when specific personnel are crucial to the agreement

2. Exclusivity: Terms regarding exclusive rights - include when agency is granted exclusive rights or client requires category exclusivity

3. International Services: Provisions for international marketing activities - include when services extend beyond New Zealand

4. Social Media Management: Specific terms for social media handling - include when social media is a key service component

5. Crisis Management: Procedures for handling PR crises - include for high-profile clients or sensitive industries

6. Subcontracting: Terms for engaging third-party providers - include when subcontractors will be used

7. White Labeling: Provisions for white-label services - include when agency services will be rebranded

Suggested Schedules

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

2. Schedule 2 - Fee Structure: Comprehensive pricing details, including rate cards and payment milestones

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

4. Schedule 4 - Approved Subcontractors: List of pre-approved third-party providers and their roles

5. Schedule 5 - Brand Guidelines: Client's branding requirements and usage guidelines

6. Schedule 6 - Reporting Templates: Standard formats for performance reporting and analytics

7. Appendix A - Key Personnel: Details of key team members and their qualifications

8. Appendix B - Compliance Requirements: Industry-specific regulatory requirements and standards

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions





































Clauses


































Relevant Industries

Retail

E-commerce

Technology

Healthcare

Financial Services

Professional Services

Entertainment

Tourism

Education

Manufacturing

Food and Beverage

Real Estate

Telecommunications

Non-profit

Media

Relevant Teams

Legal

Marketing

Procurement

Commercial

Finance

Operations

Compliance

Business Development

Brand Management

Account Management

Relevant Roles

Marketing Director

Chief Marketing Officer

Business Development Manager

Legal Counsel

Procurement Manager

Agency Director

Account Manager

Commercial Manager

Chief Executive Officer

Operations Manager

Contract Manager

Brand Manager

Marketing Manager

Compliance Officer

Financial Controller

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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