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Standard Marketing Agreement
I need a Standard Marketing Agreement for engaging a digital marketing agency to handle our social media presence and online advertising campaigns in Hong Kong, with specific provisions for data privacy compliance and performance metrics.
1. Parties: Identification of the service provider (marketing agency/consultant) and the client
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of marketing services to be provided
5. Term and Termination: Duration of the agreement and termination provisions
6. Fees and Payment: Payment terms, fee structure, and invoicing procedures
7. Client Obligations: Client's responsibilities, including provision of materials and approvals
8. Service Provider Obligations: Marketing agency's duties and service standards
9. Intellectual Property Rights: Ownership and usage rights of marketing materials and content
10. Data Protection and Privacy: Compliance with PDPO and data handling requirements
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Representations: Standard warranties regarding service quality and compliance
13. Limitation of Liability: Caps on liability and exclusions
14. General Provisions: Standard boilerplate clauses including governing law, notices, etc.
1. Performance Metrics: Include when specific KPIs or performance targets are required
2. Social Media Management: Include for agreements involving social media marketing services
3. Content Creation: Include when the scope involves creation of marketing content
4. Influencer Engagement: Include when the marketing strategy involves influencer partnerships
5. Agency of Record: Include when the agreement establishes an exclusive marketing relationship
6. Third-Party Costs: Include when external costs need separate treatment from service fees
7. Crisis Management: Include when crisis communication services are part of the scope
1. Schedule 1 - Service Specifications: Detailed breakdown of marketing services and deliverables
2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment milestones
3. Schedule 3 - Key Personnel: List of key team members and their roles
4. Schedule 4 - Brand Guidelines: Client's branding requirements and guidelines
5. Schedule 5 - Approval Process: Timeline and process for client approvals
6. Appendix A - Data Processing Agreement: Detailed terms for handling personal data in marketing activities
7. Appendix B - Service Level Agreement: Performance standards and response times
Authors
Retail
E-commerce
Financial Services
Technology
Consumer Goods
Professional Services
Healthcare
Education
Real Estate
Hospitality
Entertainment
Food and Beverage
Fashion and Luxury
Telecommunications
Marketing
Legal
Procurement
Commercial
Business Development
Communications
Compliance
Finance
Brand Management
Digital Marketing
Corporate Affairs
Marketing Director
Chief Marketing Officer
Brand Manager
Marketing Manager
Commercial Director
Business Development Manager
Legal Counsel
Procurement Manager
Agency Director
Account Manager
Digital Marketing Manager
Communications Manager
Compliance Officer
Contract Manager
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