The Marketing Agency Contract serves as a foundational document for businesses engaging external marketing expertise in India. It is designed to protect both parties' interests while ensuring compliance with Indian commercial laws, advertising regulations, and digital marketing requirements. This contract is essential when a company wishes to outsource its marketing activities, whether for specific campaigns or ongoing services. The agreement covers crucial aspects such as service scope, deliverables, intellectual property rights, data protection, and payment terms, while incorporating specific provisions required under Indian law. It's particularly important given India's evolving digital landscape and strict advertising regulations, requiring careful attention to consumer protection and digital compliance aspects.
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1. Parties: Identification of the marketing agency and the client, including registered addresses and company 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. Scope of Services: Detailed description of marketing services to be provided by the agency
5. Term and Renewal: Duration of the agreement and conditions for renewal
6. Payment Terms: Fee structure, payment schedule, expenses, and invoicing procedures
7. Obligations of the Agency: Agency's responsibilities, deliverables, and performance standards
8. Client Responsibilities: Client's obligations including providing materials, approvals, and timely feedback
9. Intellectual Property Rights: Ownership and usage rights of marketing materials and creative works
10. Confidentiality: Protection of confidential information and trade secrets
11. Representations and Warranties: Promises and guarantees made by both parties
12. Limitation of Liability: Caps on liability and exclusions of certain types of damages
13. Termination: Conditions and procedures for ending the agreement
14. Dispute Resolution: Process for resolving disagreements and jurisdiction details
15. General Provisions: Standard legal clauses including notices, assignment, and entire agreement
1. Digital Marketing Services: Detailed terms for digital marketing, including social media management and online advertising
2. Data Protection and Privacy: Additional provisions for handling personal data and compliance with privacy laws
3. Performance Metrics: Specific KPIs and performance measurement criteria
4. International Marketing: Additional terms for cross-border marketing activities
5. Influencer Marketing: Terms specific to engaging and managing influencers
6. Event Management: Terms for organizing and managing marketing events
7. Crisis Management: Procedures for handling PR crises and emergency communications
8. Subcontracting: Terms governing the agency's use of subcontractors
9. Non-Compete: Restrictions on working with competing businesses
10. Insurance: Specific insurance requirements for high-value or high-risk campaigns
1. Schedule A - Scope of Work: Detailed breakdown of specific marketing services, deliverables, and timelines
2. Schedule B - Fee Structure: Detailed pricing, rate cards, and payment terms
3. Schedule C - Key Personnel: List of key team members and their roles
4. Schedule D - Brand Guidelines: Client's branding requirements and usage guidelines
5. Schedule E - Service Level Agreement: Performance standards and response times
6. Schedule F - Approved Subcontractors: List of pre-approved third-party vendors or subcontractors
7. Appendix 1 - Reporting Templates: Standard formats for performance and campaign reporting
8. Appendix 2 - Compliance Checklist: Marketing compliance requirements under Indian law
9. Appendix 3 - Emergency Contact Protocol: Contact details and procedures for urgent situations
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