The Contract For Marketing Services is a crucial document used when engaging professional marketing services in Nigeria. It is designed for situations where a business seeks to formalize its relationship with a marketing agency or service provider for various marketing activities including advertising, digital marketing, brand promotion, and campaign management. The document addresses key considerations under Nigerian law, including compliance with APCON regulations, data protection requirements, and consumer protection laws. It provides comprehensive coverage of service scope, deliverables, performance metrics, payment structures, and intellectual property rights. This contract type is essential for protecting both parties' interests while ensuring marketing activities align with Nigerian regulatory requirements and professional standards. It's particularly important given Nigeria's complex regulatory environment for marketing and advertising activities.
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1. Parties: Identification of the service provider (marketing agency) and the client, including full legal names, registration numbers, and registered addresses
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, including specific deliverables and campaign objectives
5. Term and Timeline: Duration of the agreement and key project milestones
6. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures
7. Client Obligations: Responsibilities of the client, including provision of materials, approvals, and access to necessary information
8. Service Provider Obligations: Responsibilities of the marketing agency, including quality standards and delivery commitments
9. Intellectual Property Rights: Ownership and usage rights of marketing materials, creative works, and pre-existing IP
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: Compliance with NDPR and data handling procedures
12. Representations and Warranties: Guarantees regarding service quality, compliance with laws, and professional standards
13. Termination: Conditions for contract termination and consequences
14. Dispute Resolution: Process for resolving disputes, including jurisdiction and applicable law
15. General Provisions: Standard boilerplate clauses including force majeure, notices, and assignment
1. Performance Metrics and KPIs: Specific metrics for measuring campaign success - include when the contract involves performance-based compensation
2. Social Media Management: Specific terms for social media handling - include when social media services are part of the scope
3. Content Creation Rights: Detailed terms for content creation and ownership - include when the services involve significant content creation
4. International Marketing: Provisions for cross-border marketing activities - include when campaigns extend beyond Nigeria
5. Influencer Marketing: Terms for engaging and managing influencers - include when influencer marketing is part of the scope
6. Agency of Record: Exclusive agency provisions - include when the agency is appointed as the sole marketing service provider
7. Compliance with Industry-Specific Regulations: Additional compliance requirements - include when marketing regulated products/services
1. Schedule A - Scope of Services: Detailed breakdown of marketing services, deliverables, and timelines
2. Schedule B - Fee Schedule: Detailed pricing structure, including rates for different services and payment milestones
3. Schedule C - Brand Guidelines: Client's branding requirements and usage guidelines
4. Schedule D - Service Level Agreement: Performance standards, response times, and quality metrics
5. Schedule E - Approved Subcontractors: List of pre-approved third-party service providers or subcontractors
6. Appendix 1 - Campaign Brief: Initial marketing campaign details and objectives
7. Appendix 2 - Reporting Templates: Standard formats for performance reporting and analytics
8. Appendix 3 - Compliance Checklist: APCON and other regulatory compliance requirements
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