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Marketing Agreement

This Marketing Agreement template is for businesses to formally engage with a marketing agency or consultant. It outlines the scope of services, payment terms, and intellectual property rights.

Updated 15d ago
marketing agreementservice agreementmarketing contractagency agreementSMEbusiness

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

Marketing Agreement

This Marketing Agreement (the "Agreement") is entered into on this {{date}} by and between:

Party A: {{client_company_name}}, a company duly incorporated under the laws of [Country], with its principal place of business at {{client_company_address}} (hereinafter referred to as "Client").

AND

Party B: {{agency_company_name}}, a company duly incorporated under the laws of [Country], with its principal place of business at {{agency_company_address}} (hereinafter referred to as "Agency").

Collectively referred to as the "Parties".

1. Scope of Services

1.1. The Agency agrees to provide the following marketing services to the Client:

a) {{service_1_description}}

b) {{service_2_description}}

c) {{service_3_description}}

1.2. A detailed scope of work, including specific deliverables, timelines, and reporting requirements, is attached as Schedule A and forms an integral part of this Agreement.

2. Term and Termination

2.1. This Agreement shall commence on {{start_date}} and continue for a period of {{agreement_duration}} 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' written notice to the other Party in the event of a material breach of this Agreement by the other Party, which breach is not remedied within {{cure_period}} days of receipt of written notice.

2.3. Either Party may terminate this Agreement for convenience by providing {{notice_period_for_convenience}} days' written notice to the other Party.

3. Payment Terms

3.1. The Client agrees to pay the Agency a total fee of {{total_fee_currency}} {{total_fee_amount}} for the services rendered under this Agreement.

3.2. Payment shall be made in installments as follows:

a) {{initial_payment_percentage}}% upfront upon signing of this Agreement.

b) {{subsequent_payment_percentage}}% on a {{payment_frequency}} basis, due within {{payment_days}} days of the Agency's invoice.

3.3. All payments shall be made in {{currency}} to the Agency's designated bank account.

3.4. In the event of late payment, interest shall accrue at the rate of {{interest_rate}}% per annum or the maximum rate permitted by law, whichever is lower.

4. Intellectual Property

4.1. All intellectual property rights, including copyrights, trademarks, and design rights, in any materials created or developed by the Agency for the Client under this Agreement shall belong to the Client upon full payment of all fees due.

4.2. The Agency grants the Client a perpetual, worldwide, royalty-free license to use any pre-existing intellectual property of the Agency that is incorporated into the deliverables.

5. Confidentiality

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

5.2. Confidential information shall not include information that is publicly known, independently developed, or rightfully obtained from a third party.

6. Indemnification

6.1. The Agency shall indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or in connection with any breach of this Agreement by the Agency or any negligent act or omission of the Agency.

6.2. The Client shall indemnify and hold harmless the Agency from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or in connection with any breach of this Agreement by the Client or any negligent act or omission of the Client.

7. Governing Law and Dispute Resolution

7.1. This Agreement shall be governed by and construed in accordance with the laws of [Country].

7.2. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be settled by negotiation between the Parties. If the dispute cannot be resolved through negotiation, the Parties agree to submit the dispute to mediation in {{mediation_city}}, [Country]. If mediation is unsuccessful, the dispute shall be finally settled by arbitration in accordance with the rules of the {{arbitration_body}} in {{arbitration_city}}, [Country].

8. Entire Agreement

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

9. Signatures

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first above written.

CLIENT:

__________________________

By: {{client_signatory_name}}

Title: {{client_signatory_title}}

Date: {{client_signature_date}}

AGENCY:

__________________________

By: {{agency_signatory_name}}

Title: {{agency_signatory_title}}

Date: {{agency_signature_date}}

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