The Marketing Services Agreement is essential for businesses operating in Nigeria that engage external marketing expertise. This document is used when a company (the client) wishes to formally engage a marketing service provider for various marketing activities such as advertising, digital marketing, brand management, or promotional campaigns. The agreement ensures compliance with Nigerian legislation, including the NDPR 2019, APCON regulations, and consumer protection laws. It provides a structured framework for the service relationship, covering crucial aspects such as service scope, deliverables, payment terms, intellectual property rights, and performance metrics. This document is particularly important in the Nigerian business context where formal documentation of business relationships is crucial for legal protection and regulatory compliance.
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1. Parties: Identification of the service provider and 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: Detailed definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of marketing services to be provided
5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
6. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing requirements
7. Service Provider's Obligations: Key responsibilities and commitments of the marketing service provider
8. Client's Obligations: Key responsibilities and commitments of the client
9. Intellectual Property Rights: Ownership and usage rights of marketing materials and pre-existing IP
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection and Privacy: Compliance with NDPR and data protection requirements
12. Representations and Warranties: Standard warranties about service quality and compliance with laws
13. Limitation of Liability: Caps on liability and exclusions of certain types of damages
14. Indemnification: Mutual indemnification obligations for various risks
15. Force Majeure: Provisions for handling events beyond parties' control
16. Governing Law and Jurisdiction: Nigerian law as governing law and jurisdiction for disputes
17. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments
1. Performance Metrics and KPIs: Include when specific performance measurements are required for the marketing services
2. Social Media Management: Include when services involve social media platform management
3. Content Creation and Approval Process: Include when service provider will be creating content requiring client approval
4. Agency-Client Relationship: Include when clarifying exclusive/non-exclusive relationship is important
5. Subcontracting: Include when service provider may need to engage subcontractors
6. Marketing Budget Management: Include when service provider will manage client's marketing budget
7. Compliance with APCON Regulations: Include detailed compliance terms when dealing with regulated advertising
8. International Marketing Provisions: Include when marketing services extend beyond Nigeria
9. Crisis Management: Include when services include handling PR crises or reputation management
1. Schedule 1 - Scope of Services: Detailed breakdown of specific marketing services to be provided
2. Schedule 2 - Fee Schedule: Detailed pricing structure, including rate cards and payment milestones
3. Schedule 3 - Service Levels: Specific performance metrics, response times, and quality standards
4. Schedule 4 - Approved Subcontractors: List of pre-approved subcontractors if applicable
5. Schedule 5 - Brand Guidelines: Client's branding requirements and usage guidelines
6. Appendix A - Campaign Brief Template: Standard template for campaign briefs and approvals
7. Appendix B - Reporting Templates: Templates for regular performance and campaign reports
8. Appendix C - Key Personnel: List of key team members from both parties
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