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Exclusive Marketing Agreement
"I need an Exclusive Marketing Agreement for my Australian tech company granting exclusive rights to a digital marketing agency to promote our SaaS products across the Asia-Pacific region, starting March 2025, with specific provisions for social media marketing and performance-based commission structures."
1. Parties: Identification of the principal company and the exclusive marketing agent/company
2. Background: Context of the agreement, including the principal's business and desire for exclusive marketing services
3. Definitions: Key terms used throughout the agreement, including Territory, Products/Services, Marketing Services, etc.
4. Appointment and Scope: Grant of exclusive marketing rights and detailed scope of services
5. Territory and Exclusivity: Definition of geographic area and nature of exclusive rights
6. Term and Renewal: Duration of the agreement and renewal provisions
7. Marketing Services Obligations: Detailed marketing responsibilities and deliverables
8. Performance Requirements: Minimum performance criteria and KPIs
9. Fees and Payment Terms: Compensation structure, payment schedule, and commission details
10. Intellectual Property Rights: Ownership and usage rights of marketing materials and branding
11. Confidentiality: Protection of confidential information and trade secrets
12. Termination: Grounds for termination and consequences
13. Post-Termination Obligations: Obligations and restrictions after agreement ends
14. General Provisions: Standard boilerplate clauses including governing law, notices, etc.
1. Digital Marketing Provisions: Specific provisions for online marketing activities, necessary when digital marketing is a significant component
2. Data Protection and Privacy: Detailed data handling requirements, essential when personal data processing is involved
3. Sub-contractors: Rules regarding the appointment of sub-contractors, needed if sub-contracting is permitted
4. Marketing Budget: Budget allocation and management provisions, when the principal provides marketing funds
5. Training and Support: Requirements for training and ongoing support, relevant for complex products/services
6. Insurance Requirements: Specific insurance coverage requirements, important for high-value or high-risk marketing activities
7. Compliance with Industry Standards: Industry-specific compliance requirements, necessary for regulated industries
1. Schedule 1 - Products and Services: Detailed list of products/services covered by the agreement
2. Schedule 2 - Territory Definition: Detailed description or map of the exclusive territory
3. Schedule 3 - Marketing Services Specifications: Detailed scope of marketing services and deliverables
4. Schedule 4 - Fee Structure and Commission Rates: Detailed breakdown of fees, commission rates, and payment terms
5. Schedule 5 - Performance Metrics: Specific KPIs and performance measurement criteria
6. Schedule 6 - Approved Marketing Materials: Templates and guidelines for marketing materials
7. Schedule 7 - Reporting Requirements: Format and frequency of performance reports
8. Appendix A - Brand Guidelines: Principal's branding requirements and usage guidelines
Authors
Retail
Consumer Goods
Technology
Manufacturing
Professional Services
Healthcare
Education
Real Estate
Financial Services
Entertainment
Food and Beverage
Automotive
Telecommunications
Legal
Marketing
Business Development
Sales
Commercial
Compliance
Operations
Finance
Brand Management
Corporate Communications
Marketing Director
Chief Marketing Officer
Business Development Manager
Sales Director
Legal Counsel
Commercial Manager
Contract Manager
Marketing Manager
Brand Manager
Channel Manager
Territory Manager
Chief Executive Officer
Chief Commercial Officer
Marketing Operations Manager
Compliance Officer
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