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Marketing Agreement

This Marketing Agreement template outlines the terms and conditions between a business and a marketing service provider, detailing the scope of services, compensation, and intellectual property rights. It is suitable for SMEs engaging external marketing expertise.

Updated 15d ago
marketing agreementservice contractSMESouthern Africabusinessmarketing services

{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}} | Web: {{website}}

Marketing Agreement

Marketing Agreement

{{company_name}} {{company_address}} Phone: {{phone}} Email: {{email}} Website: {{website}}

DATE

{{date}}

PARTIES

This Marketing Agreement ('Agreement') is made and entered into on this {{day}} day of {{month}}, {{year}} (the 'Effective Date') by and between:

{{client_company_name}}, a company duly incorporated under the laws of {{client_company_jurisdiction}}, with its principal place of business at {{client_company_address}} (hereinafter referred to as 'Client');

AND

{{marketing_agency_name}}, a company duly incorporated under the laws of {{marketing_agency_jurisdiction}}, with its principal place of business at {{marketing_agency_address}} (hereinafter referred to as 'Agency').

Client and Agency are collectively referred to as the 'Parties' and individually as a 'Party'.

SCOPE OF SERVICES

The Agency agrees to provide the following marketing services to the Client (hereinafter referred to as 'Services'):

{{detailed_description_of_services_e.g._digital_marketing_campaigns_social_media_management_content_creation_branding_etc.}}

Any additional services requested by the Client and agreed upon by the Agency will be subject to a separate written agreement and additional charges.

TERM OF AGREEMENT

This Agreement shall commence on the Effective Date and shall continue for a period of {{duration_of_agreement_e.g._12_months}} months, unless terminated earlier in accordance with the provisions of this Agreement.

This Agreement may be renewed for successive periods upon mutual written agreement of both Parties.

FEES AND PAYMENT

In consideration for the Services provided by the Agency, the Client agrees to pay the Agency the following fees:

{{fee_structure_e.g._monthly_retainer_of_X_currency_project_based_fee_of_Y_currency_hourly_rate_of_Z_currency}}

Payments shall be made by the Client to the Agency within {{number_of_days}} days of receipt of an invoice.

All fees are exclusive of any applicable taxes, which shall be borne by the Client.

INTELLECTUAL PROPERTY

All intellectual property rights, including copyrights, trademarks, and patents, in any materials, designs, or content created by the Agency for the Client as part of the Services shall remain the property of the Agency until full payment for the Services has been received.

Upon full payment, all such intellectual property rights shall transfer to the Client.

The Agency grants the Client a non-exclusive, royalty-free license to use any pre-existing intellectual property of the Agency incorporated into the Services, for the sole purpose of the Client's marketing activities.

CONFIDENTIALITY

Both Parties agree to keep confidential all non-public information shared during the course of this Agreement, including but not limited to business strategies, client lists, financial information, and proprietary methods.

This confidentiality obligation shall survive the termination of this Agreement for a period of {{number_of_years}} years.

TERMINATION

Either Party may terminate this Agreement by providing {{number_of_days}} days' written notice to the other Party.

Either Party may terminate this Agreement immediately upon written notice if the other Party commits a material breach of this Agreement and fails to remedy such breach within {{number_of_days}} days of receiving written notice thereof.

GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of {{country_of_jurisdiction}}.

Any dispute arising out of or in connection with this Agreement shall be submitted to mediation in accordance with the rules of {{mediation_body_name}}.

If mediation is unsuccessful, the dispute shall be resolved by arbitration in accordance with the rules of {{arbitration_body_name}} in {{city_of_arbitration_chamber}}.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written, relating to the subject matter hereof.

SIGNATURES

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.

_______________________________

{{client_company_name}}

Name: {{client_authorised_signatory_name}}

Title: {{client_authorised_signatory_title}}

_______________________________

{{marketing_agency_name}}

Name: {{agency_authorised_signatory_name}}

Title: {{agency_authorised_signatory_title}}

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