Business OS
Finance & AccountingEquity & Stock Options

Marketing Agreement

This Marketing Agreement template is for a business (Client) hiring another party (Marketer) to provide marketing services. It outlines the scope of work, payment terms, intellectual property, and confidentiality, suitable for various marketing initiatives.

Updated 15d ago
marketing agreementservice agreementmarketing servicesbusiness contractB2B agreementsouthern africalegal template

COMPANY LETTERHEAD

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

MARKETING AGREEMENT

This Marketing Agreement ('Agreement') is made and entered into as of {{effective_date}} ('Effective Date'), by and between:

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

AND

{{marketer_company_name}}, a company duly incorporated and existing under the laws of {{marketer_jurisdiction}}, with its principal place of business at {{marketer_address}} (hereinafter referred to as 'Marketer').

Client and Marketer are hereinafter collectively referred to as 'Parties' and individually as 'Party'.

1. SCOPE OF SERVICES

1.1. The Marketer agrees to provide marketing services ('Services') to the Client as detailed in Schedule A (Scope of Services) attached hereto and incorporated by reference.

1.2. The Services may include, but are not limited to, digital marketing, content creation, social media management, search engine optimization (SEO), advertising campaigns, and market research, as specified in Schedule A.

2. TERM AND TERMINATION

2.1. This Agreement shall commence on the Effective Date and continue for an initial term of {{initial_term_months}} months, unless terminated earlier in accordance with the provisions of this Agreement.

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

2.3. 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 {{cure_period_days}} days after receiving written notice thereof.

3. PAYMENT TERMS

3.1. In consideration for the Services, the Client shall pay the Marketer a fee of {{currency}} {{fee_amount}} per {{billing_period}} (e.g., month, project) as outlined in Schedule B (Payment Schedule).

3.2. All invoices shall be submitted by the Marketer on the {{invoice_day}} of each {{billing_period}} and shall be due and payable by the Client within {{payment_due_days}} days of receipt.

3.3. Late payments may incur interest at a rate of {{interest_rate_percent}}% per annum.

4. INTELLECTUAL PROPERTY

4.1. All intellectual property rights, including copyrights, trademarks, and trade secrets, in any materials created by the Marketer specifically for the Client under this Agreement shall belong to the Client upon full payment for the Services.

4.2. The Marketer retains ownership of any pre-existing intellectual property, tools, or methodologies used in providing the Services, but grants the Client a non-exclusive, royalty-free license to use such for the purposes of this Agreement.

5. CONFIDENTIALITY

5.1. Both Parties agree to keep confidential all non-public information obtained from the other Party during the term of this Agreement and for a period of {{confidentiality_term_years}} years thereafter.

5.2. Confidential information includes, but is not limited to, business plans, customer lists, financial data, marketing strategies, and proprietary technology.

6. INDEMNIFICATION

6.1. The Marketer shall indemnify and hold harmless the Client from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of any breach of this Agreement by the Marketer or any negligent or willful acts or omissions of the Marketer.

6.2. The Client shall indemnify and hold harmless the Marketer from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of any breach of this Agreement by the Client.

7. GOVERNING LAW AND DISPUTE RESOLUTION

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

7.2. Any dispute or claim arising out of or in connection with this Agreement, including its existence, validity, or termination, shall be resolved through negotiation between the Parties. If the dispute cannot be resolved through negotiation within {{negotiation_period_days}} days, the Parties agree to submit the dispute to mediation in {{mediation_city}}, {{mediation_country}}.

8. ENTIRE AGREEMENT

This Agreement, including Schedule A and Schedule B, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

SIGNATURES

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

FOR THE CLIENT:

_____________________________

Name: {{client_signatory_name}}

Title: {{client_signatory_title}}

Date: {{client_signature_date}}

FOR THE MARKETER:

_____________________________

Name: {{marketer_signatory_name}}

Title: {{marketer_signatory_title}}

Date: {{marketer_signature_date}}

Related templates