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Standard Marketing Agreement Template for Hong Kong

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Key Requirements PROMPT example:

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.

Document background
The Standard Marketing Agreement is designed for use in Hong Kong business relationships where one party seeks to engage another for professional marketing services. This document is essential when establishing a formal marketing relationship, whether for specific campaigns or ongoing services. It incorporates Hong Kong's legal requirements, including compliance with the Personal Data (Privacy) Ordinance, Trade Descriptions Ordinance, and relevant advertising standards. The agreement is structured to protect both parties' interests while providing clear guidelines for service delivery, payment terms, intellectual property rights, and performance expectations. It's particularly relevant in today's digital age where marketing services often span multiple channels and require careful consideration of data privacy and online advertising regulations.
Suggested Sections

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.

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ 红杏直播 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






































Clauses


































Relevant Industries

Retail

E-commerce

Financial Services

Technology

Consumer Goods

Professional Services

Healthcare

Education

Real Estate

Hospitality

Entertainment

Food and Beverage

Fashion and Luxury

Telecommunications

Relevant Teams

Marketing

Legal

Procurement

Commercial

Business Development

Communications

Compliance

Finance

Brand Management

Digital Marketing

Corporate Affairs

Relevant Roles

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

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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