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Marketing Sales Agreement Template for New Zealand

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Key Requirements PROMPT example:

Marketing Sales Agreement

"I need a Marketing Sales Agreement for my digital marketing agency to provide social media and content marketing services to a retail client in Auckland, with exclusive rights and performance-based commission structure, starting March 2025."

Document background
The Marketing Sales Agreement is a vital commercial document used in New Zealand business relationships where one party engages another for marketing and sales services. This agreement is particularly relevant when businesses seek to outsource their marketing activities or establish formal arrangements with marketing agencies or consultants. The document encompasses key elements required under New Zealand law, including compliance with the Fair Trading Act 1986, Privacy Act 2020, and relevant advertising standards. It provides a structured framework for defining service scope, performance metrics, payment terms, and intellectual property rights, while ensuring protection for both parties. The agreement is essential for businesses operating in New Zealand's commercial landscape who wish to formalize their marketing arrangements and ensure legal compliance while clearly defining responsibilities and expectations.
Suggested Sections

1. Parties: Identification and details of the parties entering into the agreement

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Defined terms used throughout the agreement

4. Appointment and Scope: Terms of appointment and scope of marketing services to be provided

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

6. Marketing Services: Detailed description of marketing services to be provided

7. Performance Targets: Specific marketing goals, KPIs, and measurement criteria

8. Fees and Payment: Compensation structure, payment terms, and invoicing procedures

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

10. Confidentiality: Protection of confidential information and trade secrets

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

12. Representations and Warranties: Promises and guarantees made by both parties

13. Limitation of Liability: Extent and limitations of each party's liability

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

Optional Sections

1. Commission Structure: Detailed commission calculations and terms (when compensation includes sales-based commissions)

2. Digital Marketing Specifics: Special provisions for digital marketing services and online advertising

3. Territory Restrictions: Geographic limitations on marketing activities (for territory-specific agreements)

4. Exclusivity: Terms of exclusive marketing rights (when applicable)

5. Marketing Personnel: Requirements for specific marketing team members or qualifications

6. Compliance with Industry Standards: Specific industry regulatory requirements (for regulated industries)

7. Social Media Management: Specific terms for social media marketing and management

8. Crisis Management: Procedures for handling marketing-related crises or reputation issues

Suggested Schedules

1. Schedule 1 - Service Level Agreement: Detailed performance metrics and service standards

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, commissions, and payment structures

3. Schedule 3 - Approved Marketing Materials: List of pre-approved marketing materials and content guidelines

4. Schedule 4 - Brand Guidelines: Specific requirements for brand usage and marketing presentation

5. Schedule 5 - Target Markets: Detailed description of target markets and customer segments

6. Schedule 6 - Reporting Requirements: Templates and specifications for marketing performance reports

7. Appendix A - Marketing Calendar: Planned marketing activities and campaign timeline

8. Appendix B - Compliance Checklist: Checklist of regulatory requirements and compliance standards

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








































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Relevant Industries

Retail

E-commerce

Technology

Professional Services

Manufacturing

Consumer Goods

Healthcare

Education

Financial Services

Hospitality

Real Estate

Media and Entertainment

Telecommunications

Food and Beverage

Relevant Teams

Marketing

Sales

Legal

Procurement

Business Development

Operations

Commercial

Finance

Compliance

Brand Management

Relevant Roles

Marketing Director

Sales Manager

Business Development Manager

Chief Marketing Officer

Commercial Director

Marketing Agency Owner

Legal Counsel

Contracts Manager

Marketing Consultant

Brand Manager

Chief Executive Officer

Operations Manager

Procurement Manager

Marketing Operations Manager

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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