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Marketing Sales Agreement Template for United Arab Emirates

A comprehensive legal agreement governed by UAE law that establishes the terms and conditions for marketing and sales services between a service provider and a client. The document outlines the scope of marketing services, compensation structure, performance metrics, and compliance requirements with UAE advertising and consumer protection laws. It includes provisions for intellectual property rights, data protection, and adherence to local marketing regulations, while ensuring alignment with UAE Federal Laws regarding commercial transactions and marketing practices. The agreement also addresses territory rights, approval processes for marketing materials, and specific obligations of both parties under UAE jurisdiction.

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What is a Marketing Sales Agreement?

The Marketing Sales Agreement is a crucial document used in the United Arab Emirates to formalize business relationships between marketing service providers and their clients. This agreement is essential when companies seek to engage external marketing expertise or establish structured marketing arrangements. The document comprehensively covers service scope, deliverables, compensation, and compliance with UAE marketing regulations, including Federal Law No. 15 of 2020 (Consumer Protection Law) and National Media Council regulations. It's particularly relevant in the UAE market where marketing activities must carefully consider local cultural sensitivities and regulatory requirements. The agreement typically includes detailed provisions for digital marketing, traditional advertising, and sales promotion activities, while ensuring compliance with UAE data protection and electronic commerce laws. This document is fundamental for businesses looking to establish clear parameters for their marketing initiatives while maintaining legal compliance in the UAE market.

What sections should be included in a Marketing Sales Agreement?

1. Parties: Identification of the contracting parties including full legal names, addresses, and registration details

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope: Terms of appointment and detailed scope of marketing services to be provided

5. Territory and Exclusivity: Geographic area covered and whether the appointment is exclusive or non-exclusive

6. Marketing Obligations: Detailed responsibilities of the marketing party including specific deliverables and standards

7. Approval Process: Procedures for review and approval of marketing materials and campaigns

8. Compensation and Payment Terms: Fee structure, payment schedule, and related financial terms

9. Intellectual Property Rights: Ownership and usage rights of marketing materials, trademarks, and other IP

10. Compliance with Laws: Obligations to comply with UAE marketing laws, regulations, and advertising standards

11. Confidentiality: Protection of confidential information and trade secrets

12. Term and Termination: Duration of agreement and circumstances for termination

13. Representations and Warranties: Standard warranties regarding authority, capacity, and quality of services

14. Liability and Indemnification: Allocation of risks and responsibilities between parties

15. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

What sections are optional to include in a Marketing Sales Agreement?

1. Data Protection: Required when marketing activities involve collection or processing of personal data

2. Digital Marketing Provisions: Specific terms for online marketing activities and social media campaigns

3. Performance Metrics: Specific KPIs and performance measurement criteria when agreed between parties

4. Training and Support: Terms regarding training of marketing personnel and ongoing support

5. Subcontracting: Rules for engaging third-party service providers or subcontractors

6. Insurance: Specific insurance requirements beyond standard coverage

7. Non-Competition: Restrictions on competing activities during and after the agreement

8. Force Majeure: Provisions for unforeseen circumstances affecting performance

What schedules should be included in a Marketing Sales Agreement?

1. Schedule 1 - Services Description: Detailed description of marketing services and deliverables

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, commissions, and payment structure

3. Schedule 3 - Brand Guidelines: Brand standards and usage guidelines for marketing materials

4. Schedule 4 - Approval Matrix: Decision-making hierarchy and approval processes for marketing activities

5. Schedule 5 - Performance Metrics: Detailed KPIs and measurement methodology

6. Schedule 6 - Territory Map: Detailed description or map of the covered geographic territory

7. Appendix A - Sample Marketing Materials: Examples of approved marketing materials and templates

8. Appendix B - Compliance Checklist: Checklist of regulatory requirements and compliance standards

Authors

Alex Denne

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

Publisher

Genie AI

Document Type

Marketing Agreement

Sector

Marketing

Cost

Free to use

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