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Digital Marketing Services Agreement
"I need a Digital Marketing Services Agreement for my e-commerce company to engage a full-service digital marketing agency in South Africa, with comprehensive services including social media management, SEO, and paid advertising, starting March 2025, with strong data protection clauses and performance metrics."
1. Parties: Identification of the service provider and client, including registration details and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Scope of Services: Detailed description of digital marketing services to be provided
5. Term and Commencement: Duration of the agreement and effective date
6. Service Provider's Obligations: Key responsibilities and commitments of the digital marketing service provider
7. Client's Obligations: Key responsibilities and commitments of the client, including provision of materials and approvals
8. Fees and Payment: Payment terms, fee structure, and invoicing procedures
9. Intellectual Property Rights: Ownership and usage rights of marketing materials, content, and campaigns
10. Data Protection and Privacy: POPIA compliance measures and data handling procedures
11. Confidentiality: Protection of confidential information and trade secrets
12. Performance Measurement: KPIs, reporting requirements, and performance evaluation criteria
13. Termination: Conditions and procedures for ending the agreement
14. General Provisions: Standard legal clauses including notices, governing law, and dispute resolution
1. Social Media Management: Specific provisions for social media account management and content creation, used when social media services are included
2. Search Engine Optimization: Detailed SEO services and commitments, included when SEO is part of the service offering
3. Content Creation and Approval: Processes for content creation, approval, and publication, needed for content marketing services
4. Paid Advertising Management: Terms for managing paid advertising campaigns and budgets, included for PPC and paid social services
5. Third-Party Platforms: Terms relating to the use of third-party marketing platforms and tools, included when specific platforms are core to service delivery
6. Service Level Agreement: Specific performance standards and response times, included for more comprehensive service arrangements
7. White Labeling: Terms for white-label service provision, included when services are provided under the client's brand
8. Agency of Record: Provisions defining exclusive agency relationship, included when the provider is the sole digital marketing provider
1. Schedule A - Service Specifications: Detailed breakdown of services, deliverables, and timelines
2. Schedule B - Fee Structure: Detailed pricing, payment schedules, and cost breakdowns
3. Schedule C - Key Performance Indicators: Specific metrics and targets for measuring campaign success
4. Schedule D - Approved Platforms and Tools: List of authorized marketing platforms and tools to be used
5. Schedule E - Brand Guidelines: Client's branding requirements and guidelines
6. Appendix 1 - Campaign Brief Template: Standard template for campaign briefs and approvals
7. Appendix 2 - Reporting Template: Standard format for performance reports and analytics
8. Appendix 3 - Data Processing Agreement: POPIA-compliant data processing terms and procedures
Authors
Retail
E-commerce
Technology
Professional Services
Healthcare
Financial Services
Education
Tourism and Hospitality
Manufacturing
Real Estate
Entertainment and Media
Non-profit Organizations
Consumer Goods
Automotive
Legal
Marketing
Digital
Procurement
Compliance
Operations
Business Development
Finance
Brand Management
Account Management
Marketing Director
Digital Marketing Manager
Chief Marketing Officer
Business Development Manager
Brand Manager
Marketing Coordinator
Legal Counsel
Procurement Manager
Contract Manager
Chief Executive Officer
Small Business Owner
Operations Manager
Digital Agency Director
Account Manager
Compliance Officer
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