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Marketing Retainer Agreement

Marketing Retainer Agreement Template for New Zealand

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Key Requirements PROMPT example:

Marketing Retainer Agreement

"I need a Marketing Retainer Agreement under New Zealand law for a tech startup engaging a digital marketing agency for social media management and content creation, with monthly reporting requirements and a 12-month initial term starting January 2025."

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Document background
The Marketing Retainer Agreement is essential for businesses in New Zealand seeking to establish long-term marketing partnerships. This document is typically used when a client requires regular, ongoing marketing services rather than project-based work. It provides structure to the business relationship by clearly defining the scope of services, payment terms, performance expectations, and delivery standards. The agreement ensures compliance with New Zealand's legal framework, including the Fair Trading Act 1986, Privacy Act 2020, and relevant commercial laws. It's particularly valuable for businesses that want to maintain consistent marketing support while having predictable costs and service levels. The document includes comprehensive details about service delivery, intellectual property rights, confidentiality, and termination provisions, making it suitable for both marketing agencies and their clients who require ongoing marketing support.
Suggested Sections

1. Parties: Identifies and provides full legal details of the service provider (marketing agency) and the client

2. Background: Contextualizes the agreement and outlines the parties' intentions and basis for entering into the retainer arrangement

3. Definitions: Defines key terms used throughout the agreement to ensure clarity and prevent misinterpretation

4. Scope of Services: Outlines the core marketing services to be provided under the retainer arrangement

5. Term and Renewal: Specifies the initial term of the agreement and any renewal provisions

6. Retainer Fees and Payment Terms: Details the monthly retainer amount, payment schedule, and invoicing procedures

7. Service Delivery: Establishes the methodology, timelines, and processes for delivering the marketing services

8. Client Obligations: Specifies the client's responsibilities, including providing necessary information and approvals

9. Intellectual Property Rights: Addresses ownership and usage rights of marketing materials and creative works

10. Confidentiality: Protects confidential information exchanged during the service relationship

11. Performance Metrics: Defines how the marketing agency's performance will be measured and evaluated

12. Termination: Outlines conditions and procedures for ending the agreement

13. General Provisions: Contains standard legal clauses including governing law, notices, and entire agreement

Optional Sections

1. Non-Compete: Restricts the agency from working with competing clients; include when exclusivity is required

2. Data Protection: Additional provisions for handling personal data; include when significant data processing is involved

3. International Services: Specific provisions for cross-border services; include when operating internationally

4. Social Media Management: Detailed terms for social media account access and management; include when social media is a key service

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

6. Sub-contractor Rights: Terms governing the use of sub-contractors; include when the agency may need to outsource work

7. Service Level Agreement: Detailed performance standards and response times; include when specific service levels need to be guaranteed

Suggested Schedules

1. Schedule 1: Scope of Services Detail: Detailed breakdown of all marketing services included in the retainer

2. Schedule 2: Fee Schedule: Comprehensive fee structure including retainer fees and any additional charges

3. Schedule 3: Service Level Specifications: Detailed service standards, response times, and delivery specifications

4. Schedule 4: Key Personnel: List of key team members assigned to the client's account and their roles

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

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

7. Appendix B: Approval Process: Flowchart and timeline for content approval procedures

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

Professional Services

Technology

Healthcare

Financial Services

Manufacturing

Hospitality

Real Estate

Education

Consumer Goods

Non-profit Organizations

Entertainment

Telecommunications

Relevant Teams

Marketing

Legal

Procurement

Finance

Operations

Business Development

Communications

Digital

Brand Management

Executive Leadership

Contract Administration

Relevant Roles

Marketing Director

Chief Marketing Officer

Marketing Manager

Brand Manager

Agency Account Director

Business Development Manager

Legal Counsel

Procurement Manager

Chief Executive Officer

Operations Director

Digital Marketing Manager

Communications Manager

Contract Manager

Finance Director

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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