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Marketing Agency Contract Template for Ireland

A comprehensive legal agreement governed by Irish law that establishes the terms and conditions between a marketing agency and their client for the provision of marketing services. The contract details the scope of marketing activities, deliverables, payment terms, intellectual property rights, data protection obligations under GDPR, and service level agreements. It includes provisions for both traditional and digital marketing services while ensuring compliance with Irish and EU marketing regulations, consumer protection laws, and data privacy requirements.

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What is a Marketing Agency Contract?

The Marketing Agency Contract is essential for businesses operating in Ireland who engage external marketing expertise. This agreement is designed to protect both the agency and client while ensuring compliance with Irish and EU regulations, including GDPR, consumer protection laws, and marketing communications standards. It's particularly relevant in today's digital age where marketing activities often involve complex data handling and multi-channel campaigns. The contract typically covers all aspects of the marketing relationship, from service scope and deliverables to intellectual property rights and data protection protocols. It's structured to accommodate both project-based and ongoing retainer arrangements, with flexibility to address various marketing services including digital marketing, content creation, advertising campaigns, and social media management.

What sections should be included in a Marketing Agency Contract?

1. Parties: Identification of the Marketing Agency and the Client, including full legal names, registered addresses, and company registration numbers

2. Background: Context of the agreement, brief description of the parties' businesses, and the purpose of engaging the marketing agency

3. Definitions: Definitions of key terms used throughout the agreement, including 'Services', 'Deliverables', 'Campaign', 'Marketing Materials', etc.

4. Scope of Services: Detailed description of marketing services to be provided, including specific marketing activities, channels, and campaigns

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party

6. Fees and Payment Terms: Pricing structure, payment schedule, expenses, and invoicing procedures

7. Client Obligations: Client's responsibilities, including providing necessary information, approvals, and materials

8. Agency Obligations: Agency's commitments, service standards, and delivery timeframes

9. Intellectual Property Rights: Ownership and licensing of creative works, marketing materials, and pre-existing IP

10. Data Protection and Privacy: Compliance with GDPR and Irish data protection laws, data handling procedures

11. Confidentiality: Protection of confidential information exchanged during the engagement

12. Warranties and Indemnities: Guarantees provided by both parties and protection against claims

13. General Provisions: Standard clauses including governing law, notices, assignment, and entire agreement

What sections are optional to include in a Marketing Agency Contract?

1. Non-Compete: Restrictions on agency working with competing clients - include when client operates in a sensitive or highly competitive market

2. Service Level Agreement: Specific performance metrics and response times - include for larger campaigns or ongoing retainer arrangements

3. Change Control: Process for managing changes to scope or deliverables - include for complex or long-term engagements

4. Insurance: Required insurance coverage - include when dealing with high-value campaigns or sensitive markets

5. International Services: Provisions for cross-border marketing activities - include when campaigns span multiple jurisdictions

6. Influencer Marketing: Specific terms for influencer engagement and management - include when influencer marketing is part of services

7. Crisis Management: Procedures for handling marketing crises or reputation issues - include for high-profile clients or sensitive industries

What schedules should be included in a Marketing Agency Contract?

1. Schedule 1 - Scope of Services: Detailed breakdown of marketing services, deliverables, and timelines

2. Schedule 2 - Fee Schedule: Comprehensive pricing structure, including hourly rates, project fees, and expenses

3. Schedule 3 - Key Personnel: List of key team members assigned to the client's account and their roles

4. Schedule 4 - Brand Guidelines: Client's branding requirements and usage guidelines

5. Schedule 5 - Service Level Agreement: Specific performance metrics, response times, and quality standards

6. Appendix A - Reporting Templates: Standard formats for campaign performance reports and analytics

7. Appendix B - Approval Process: Workflow for content approval and campaign sign-off procedures

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

Jurisdiction

Ireland

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use

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