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Marketing Agency Agreement

This template is a formal agreement between a business and a marketing agency, outlining the terms and conditions for marketing services. It is used when engaging an external agency to handle marketing activities.

Updated 16d ago
marketing agreementagency contractservice agreementSMESouthern Africa

Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

Marketing Agency Agreement

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

1. {{Client_Company_Name}}, a company duly incorporated under the laws of {{Client_Jurisdiction}}, with its registered office at {{Client_Company_Address}} (hereinafter referred to as 'the Client'); and

2. {{Agency_Company_Name}}, a company duly incorporated under the laws of {{Agency_Jurisdiction}}, with its registered office at {{Agency_Company_Address}} (hereinafter referred to as 'the Agency').

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

Recitals

WHEREAS, the Client desires to engage the Agency to provide marketing services, and the Agency is willing to provide such services on the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows:

Scope of Services

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

{{detailed_description_of_services_e.g._digital_marketing_content_creation_social_media_management}}.

A more detailed scope of work, including specific deliverables and timelines, may be outlined in Schedule A, attached hereto and forming an integral part of this Agreement.

Term and Termination

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

Either Party may terminate this Agreement by providing {{notice_period_e.g._30_days}} written notice to the other Party.

This Agreement may also be terminated immediately by either Party upon a material breach of any term or condition of this Agreement by the other Party, which breach is not cured within {{cure_period_e.g._14_days}} of written notice thereof.

Fees and Payment

The Client shall pay the Agency a total fee of {{total_fee_currency_and_amount}} for the Services, payable as follows:

{{payment_schedule_e.g._monthly_instalments_upfront_payment}}.

All payments shall be made within {{payment_due_days_e.g._7}} days of the Agency submitting an invoice to the Client.

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

Confidentiality

Both Parties agree to keep confidential all non-public information, including but not limited to business plans, client lists, and marketing strategies, received from the other Party during the term of this Agreement. This obligation of confidentiality shall survive the termination of this Agreement for a period of {{confidentiality_period_e.g._2_years}}.

Intellectual Property

All intellectual property rights in the materials created by the Agency for the Client as part of the Services shall vest in the Client upon full payment of the agreed fees. The Agency hereby assigns all such intellectual property rights to the Client.

Governing Law and Dispute Resolution

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

Any dispute arising out of or in connection with this Agreement shall first be resolved through good faith negotiations between the Parties. If the dispute cannot be resolved amicably, it shall be referred to mediation in accordance with the rules of {{mediation_body_e.g._AFSA}}.

If mediation is unsuccessful, the dispute shall be submitted to arbitration in accordance with the rules of {{arbitration_body_e.g._AFSA}}.

Entire Agreement

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

Signatures

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

FOR THE CLIENT:

_____________________________

Name: {{Client_Signatory_Name}}

Title: {{Client_Signatory_Title}}

Date: _______________________

FOR THE AGENCY:

_____________________________

Name: {{Agency_Signatory_Name}}

Title: {{Agency_Signatory_Title}}

Date: _______________________

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