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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."
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
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
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
Retail
Consumer Goods
Technology
Media & Entertainment
Fashion & Luxury
Food & Beverage
Healthcare
Automotive
Real Estate
Financial Services
Telecommunications
Professional Services
Manufacturing
E-commerce
Legal
Marketing
Commercial
Business Development
Compliance
Brand Management
Operations
Finance
Corporate Affairs
Procurement
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
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