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Marketing Agency Client Contract
"I need a Marketing Agency Client Contract under German law for my tech startup, focusing on digital marketing services including social media management and SEO, with strict data protection clauses and monthly performance reporting requirements starting from March 2025."
1. Parties: Identification of the Marketing Agency and the Client, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement, including 'Services', 'Deliverables', 'Campaign', etc.
4. Scope of Services: Detailed description of marketing services to be provided, including types of marketing activities and campaigns
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination
6. Fees and Payment Terms: Pricing structure, payment schedule, invoicing procedures, and late payment consequences
7. Agency Obligations: Key responsibilities and commitments of the marketing agency
8. Client Obligations: Client's responsibilities, including provision of materials and approvals
9. Approval Process: Procedures for submitting, reviewing, and approving marketing materials and campaigns
10. Intellectual Property Rights: Ownership and licensing of creative works, existing IP, and campaign materials
11. Data Protection and GDPR Compliance: Obligations regarding personal data processing and compliance with GDPR/DSGVO
12. Confidentiality: Protection of confidential information exchanged during the engagement
13. Warranties and Indemnities: Representations, warranties, and mutual indemnification provisions
14. Limitation of Liability: Limits on liability and exclusions in accordance with German law
15. General Provisions: Standard clauses including notices, assignment, severability, and entire agreement
1. Performance Metrics: Specific KPIs and performance measurement criteria - include when dealing with performance-based marketing
2. Social Media Management: Specific terms for social media account management and content creation - include when social media services are part of scope
3. Third-Party Vendors: Terms regarding use and management of third-party marketing tools and services - include when external tools or subcontractors are involved
4. International Marketing: Specific provisions for cross-border marketing activities - include when marketing activities extend beyond Germany
5. Crisis Management: Procedures for handling marketing-related crises or negative publicity - include for high-profile clients or sensitive industries
6. Competition Restrictions: Non-compete and exclusivity provisions - include when working with clients requiring industry exclusivity
1. Schedule 1 - Service Specifications: Detailed breakdown of marketing services, deliverables, and timelines
2. Schedule 2 - Fee Structure: Detailed pricing, including rate cards, expenses policy, and special fees
3. Schedule 3 - Brand Guidelines: Client's branding requirements and usage guidelines
4. Schedule 4 - Approval Matrix: Detailed workflow for approvals, including responsible persons and timeframes
5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures
6. Schedule 6 - Service Level Agreement: Performance standards, response times, and quality metrics
7. Appendix A - Campaign Brief Template: Standard template for campaign briefing and requirements
8. Appendix B - Reporting Templates: Standard formats for campaign performance and financial reporting
Authors
Retail
E-commerce
Technology
Healthcare
Financial Services
Manufacturing
Consumer Goods
Entertainment
Automotive
Education
Professional Services
Real Estate
Hospitality
Non-profit Organizations
Telecommunications
Legal
Marketing
Procurement
Compliance
Finance
Business Development
Creative Services
Digital Marketing
Brand Management
Account Management
Risk Management
Marketing Director
Chief Marketing Officer
Legal Counsel
Procurement Manager
Brand Manager
Marketing Manager
Account Director
Business Development Manager
Compliance Officer
Data Protection Officer
Creative Director
Digital Marketing Manager
Contract Manager
Chief Executive Officer
Chief Financial Officer
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