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Exclusive Marketing Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Exclusive Marketing Agreement

"I need an Exclusive Marketing Agreement for my tech company appointing a marketing agency to handle all our digital marketing in Dubai and Abu Dhabi, starting March 2025, with strict performance KPIs and social media management provisions."

Document background
The Exclusive Marketing Agreement is essential for businesses operating in the UAE who wish to establish a controlled and exclusive marketing relationship with a designated service provider. This document is particularly relevant when a company wants to grant exclusive rights to market its products or services within specific territories in the UAE or broader region. The agreement must comply with UAE Federal laws, including Commercial Transactions Law, Agency Law, and Competition Law. It typically includes detailed provisions on marketing scope, territorial exclusivity, performance metrics, brand usage guidelines, and compensation structures. The document is crucial for protecting both parties' interests while ensuring compliance with local regulations, particularly important given the UAE's specific requirements regarding commercial agency relationships and marketing practices.
Suggested Sections

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

2. Background: Context of the agreement, relationship between parties, and general purpose of the arrangement

3. Definitions: Defined terms used throughout the agreement for clarity and consistency

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

5. Territory: Definition of geographic areas where exclusive marketing rights apply

6. Term and Termination: Duration of agreement, renewal provisions, and circumstances for termination

7. Marketing Obligations: Specific marketing activities, commitments, and performance requirements

8. Exclusivity Provisions: Terms of exclusivity, including any limitations or exceptions

9. Fees and Payment Terms: Compensation structure, payment schedule, and related financial terms

10. Intellectual Property Rights: Usage rights for trademarks, brands, and marketing materials

11. Confidentiality: Protection of confidential information and trade secrets

12. Representations and Warranties: Standard assurances from both parties regarding capacity and authority

13. Limitation of Liability: Extent and limitations of parties' liabilities

14. Force Majeure: Provisions for unforeseen circumstances affecting performance

15. Governing Law and Jurisdiction: Specification of UAE law application and dispute resolution mechanisms

16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Performance Targets: Specific marketing performance metrics and KPIs, used when quantifiable targets are part of the agreement

2. Marketing Budget: Detailed budget provisions and cost allocation, included when specific budget commitments are required

3. Sub-contractors: Terms for engaging third-party service providers, needed when sub-contracting is contemplated

4. Non-Competition: Restrictions on competitive activities, included when additional competitive protections are needed

5. Insurance: Specific insurance requirements, included for high-value or high-risk marketing activities

6. Data Protection: Specific data handling and privacy requirements, needed when personal data processing is involved

7. Exit Management: Detailed transition provisions, included for complex or long-term arrangements

8. Audit Rights: Rights to audit marketing activities and expenses, included when significant financial oversight is required

Suggested Schedules

1. Schedule 1 - Marketing Services: Detailed description of all marketing services to be provided

2. Schedule 2 - Territory Map: Detailed map and description of exclusive territory boundaries

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, commissions, and payment structures

4. Schedule 4 - Brand Guidelines: Specific requirements for brand usage and marketing materials

5. Schedule 5 - Reporting Requirements: Templates and specifications for regular marketing reports

6. Schedule 6 - Key Personnel: List of key team members and their roles

7. Appendix A - Approved Marketing Materials: Pre-approved marketing materials and templates

8. Appendix B - Compliance Requirements: Specific UAE marketing compliance requirements and guidelines

Authors

Alex Denne

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

Relevant legal definitions





























Clauses






























Relevant Industries

Retail

Consumer Goods

Technology

Media & Entertainment

Fashion & Luxury

Food & Beverage

Healthcare

Automotive

Real Estate

Financial Services

Telecommunications

Professional Services

Manufacturing

E-commerce

Relevant Teams

Legal

Marketing

Commercial

Business Development

Compliance

Brand Management

Operations

Finance

Corporate Affairs

Procurement

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Commercial Director

Business Development Manager

Legal Counsel

Contracts Manager

Marketing Manager

Agency Relations Manager

Compliance Officer

Chief Commercial Officer

Regional Marketing Director

Head of Marketing

Marketing Operations Manager

Partnership Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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