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Marketing Agreement

    Want to make an agreement where both the parties' consent on terms and conditions stated in the document? Then we are ready to offer you help. Our marketing agreement template ensures peace and co-operation in your relationship by outlining what each of your expectations and needs are. This template will give you peace of mind while working with clients, knowing that the terms are clearly laid out so all parties can understand them.

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Marketing Agreement
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Marketing Agreement

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A marketing agreement is a legal and mutually made confirmation between the client and the chosen marketing agency. It provides the details of the points discussed in the business deal.

So, the marketing agreement is used to get both the parties' consent on terms and conditions stated in the document. Furthermore, the written agreement is proof of final payment plans post the marketing services offered. Read the rest parts to find out more details

What Is a Marketing Agreement?

A legal document, signed by all the parties involved, providing the written proof of the scope of work to be undertaken, predetermined duties and responsibilities fulfilled by the marketing agency is a marketing agreement.

It is a written document created by one party but agreed by all the parties involved and contains a detailed description of all the marketing work done by the agency. It also describes the expectation of agency from the business like the on-time payment.

This agreement also serves as a record to provide clarity upon what is expected of who and by when. So that any of the parties shall not falsely claim that the other didn’t hold up their end deal.

In this way, both parties can protect their interest and intellectual property as well as it ensures that the marketer’s tool will reflect the client's vision and principals.

Promote and market your brand, product, or services with our Marketing Agreement template

Our easy to read and understand templates will help you personalize your own terms and conditions based on your company needs and the connection between the parties involved.

Click below to get your copy of the document.

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What Are the Benefits of Using a Marketing Agreement?

The companies hire marketing professionals to promote and market their brand, product, or services. To carry out such a deal in an informal and professional way, marketing agreements are used.

This agreement provides the guidelines for the marketer and crucial information like terms of payment, billable tasks, and non-compete clauses if any. Here are some of the benefits of using a marketing agreement:

  • Accountability: The duties and responsibilities of both parties are clearly stated so that there is no scope of misunderstanding.
  • Clarification of Objectives: With this agreement, the parties involved shall understand the objective and goal of the project which in turn ensures a satisfactory working relationship.
  • No Scope of Miscommunication: There shall not be any arguments on things like due payments, or the project’s outcome as everything is predetermined in the written form.
  • A Written Consent: In case the relationship between the parties goes sour, both the parties will have a record of what was mutually decided in the first place.

What Is Included in a Marketing Agreement?

A marketing agreement includes a number of things relevant to the business and the deal with the agency. So, what does it actually include?

Exclusivity

The business shall provide exclusive rights to the marketing agency for carrying out the marketing, public relation, or any other promotional event for the brand or the product. The duration of the validity of this term is also stated in the document.

Details of the Timeline

Every agreement shall have a detailed timeline as the agency will not have exclusive rights to do the business’s marketing forever. They shall be hired for a specific time duration. This shall be of one or two years, however, it is mostly dependent on the business needs.

Details of Payment

The overall cost of hiring the agency for so and so services shall be clarified and clearly mentioned in the agreement. The exact time duration and mode of payment(s) shall also be included in the statement.

Details of the Project

This is a customized part of every marketing agreement. So, the company needs to take time and make notes of the details of the projects the agency would be worked upon.

Both the parties can together come up with a detailed plan like advertising campaigns or other services. It is basically a record of the company’s expectations from the agency.

Guarantees

The agreement states the certain dates by which the agency is liable to deliver the said amount of work. It also includes the promises made by the agencies.

The agreement shall provide a guarantee like improving the metrics to indicate the campaign success or increase in sales volume.

Confidentiality

The agreement includes a clause to bind the parties to keep confidential all the discussed sensitive intellectual property or proprietary information regarding the business or campaigns.

Promote and market your brand, product, or services with our Marketing Agreement template

Our easy to read and understand templates will help you personalize your own terms and conditions based on your company needs and the connection between the parties involved.

Click below to get your copy of the document.

Get started now Download template

Conclusion

The client and the agency shall come under a legal agreement to save themselves from future frauds and misunderstandings. The parties shall read carefully and verify all the details in the agreement before finalizing the document.

Furthermore, CocoSign has provided free marketing agreement templates so that the business owners do not need to worry about the right procedure of starting the agreement.

With these templates, you can customize your own terms and conditions in accordance with business requirements and the relationship of the parties involved.

DOCUMENT PREVIEW

MARKETING AGREEMENT

PARTIES

-          This Marketing Agreement (hereinafter referred to as the “Agreement”) is entered into on ________________ (the “Effective Date”) by and between ________________________ (hereinafter referred to as the “Client”) with an address of ________________ and ________________ (hereinafter referred to as the “Marketer”) with an address of ________________ (collectively referred to as the “Parties”).

SERVICES PROVIDED

-          Hereby, the Marketer agrees to provide the services enlisted below (hereinafter referred to as the “Services”):

  1. ____________________________
  2. ____________________________
  3. ____________________________
  4. ____________________________
  5. ____________________________
  6. ____________________________
  7. ____________________________
  8. ____________________________

The Parties agree that the Services must be completed by _____________________________________________________________________________________________________________________________________________________.

PAYMENT AND FEES

-          The Parties agree that the total cost of the Services will be ____________.

-          More specifically,  ____________ will be paid at the signing of this Agreement, and ____________ will be paid at completion.

-          The Parties agree that the Marketer will provide an invoice to the Client every ____________ days upon the completion of the Services.

-          The Marketer agrees to obtain consent from the Client prior to making the purchase if  an expense is over ____________.

-          The Parties agree that the means of payment will be via _____________________________________________________________________________________________________________________________________________________.

TERM

-          This Agreement shall be effective on the date of signing this Agreement (hereinafter referred to as the “Effective Date”). It will end on ________________.

TERMINATION

-          This Agreement may be terminated if the following occurs:

  1. This Agreement will be terminated immediately if one of the Parties breaches this Agreement. More specifically, Iit will also be terminated if one of the Parties breaches a condition set forth in this Agreement without amending it within a period of ________________.
  2. This Agreement can be terminated at any given time by providing a written notice to the other party ________________ days prior to terminating the Agreement.
  3. This Agreement will automatically be terminated when both Parties complete their obligations.

CONFIDENTIALITY

-          All terms and conditions of this Agreement (and any confidential information provided by the Client to the Marketer or vice versa) during the term of the Agreement must be kept confidential, unless the disclosure is required pursuant to process of law.

-          Disclosing or using this information for any purpose beyond the scope of this Agreement (or beyond the exceptions set forth above) is expressly forbidden without the prior consent of the Parties.

-          The Parties’ obligation to maintain confidentiality will survive termination of this Agreement and remain in effect indefinitely.

RELATIONSHIP BETWEEN PARTIES

-          Hereby, the Parties agree that the Marketer in this Agreement is an independent contractor, as he/she provides the services hereunder and acts as an independent contractor.

-          The Marketer shall not be considered an employee under any circumstances.

-          This Agreement does not create any other partnership between the Parties.

-          This Agreement is an Agreement that is not based on exclusivity. Hence, the Parties are entitled to enter into other Agreements with other parties.

OWNERSHIP

-          The Parties agree that all products created by the Marketer will remain the exclusive property of the Client, as long as it is relevant to the performance of the Services set forth in this Agreement.

INTELLECTUAL PROPERTY

-          The Marketer agrees that any intellectual property provided to him/her by the Client will remain the sole property of the Client, including (but not limited to) copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship, Confidential Information, or trade secrets.

-          The Marketer will refrain from using such intellectual property upon the termination of this Agreement.

LIMITATION OF LIABILITY

-          Under no circumstances will either party be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Agreement or the transactions it contemplates (including breach of contract, tort, negligence, or other form of action)—if said damage is the direct result of one of the party’s negligence or breach.

AMENDMENTS

-          The Parties agree that any amendments made to this Agreement must be made in writing and signed by both Parties to this Agreement.

-          As such, any amendments made by the Parties will be applied to this Agreement.

ASSIGNMENT

-          The Parties hereby agree not to assign any of the responsibilities in this Agreement to a third party unless consented by both Parties in writing.

ALTERNATIVE DISPUTE RESOLUTION

-          Any dispute or difference whatsoever arising out of or in connection with this Agreement shall be submitted to ________________ (Arbitration/mediation/negotiation) (Circle one), in accordance with and subject to the laws of ________________.

ENTIRE AGREEMENT

-          This Agreement contains the entire agreement and understanding among the Parties hereto, with respect to the subject matter hereof. It supersedes all prior agreements, understandings, inducements, and conditions (express, implied, oral, written, or of any nature whatsoever with respect to the subject matter hereof). The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.             

SEVERABILITY

-          In an event when any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions will still be enforced, in accordance with the Parties’ intention.             

SIGNATURE AND DATE

-          The Parties hereby agree to the terms and conditions set forth in this Agreement. This agreement is demonstrated by their signatures below:

MARKETER

Name:____________________________

Signature:_________________________

Date:_____________________________

CLIENT

Name:____________________________

Signature:_________________________

Date:_____________________________

 

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