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Exclusive Marketing Agreement Template for Australia

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Key Requirements PROMPT example:

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."

Document background
The Exclusive Marketing Agreement is a crucial commercial document used when a business wishes to establish an exclusive relationship with a marketing partner in Australia. This agreement is particularly relevant when a company seeks to delegate its marketing activities to a dedicated representative while maintaining control over brand integrity and market presence. The document addresses key aspects required under Australian law, including competition law compliance, consumer protection, and fair trading principles. It typically includes detailed provisions for territory definition, service scope, performance metrics, compensation structures, and termination conditions. The agreement is especially important for businesses expanding into new markets or seeking to establish strong, controlled marketing channels through exclusive partnerships.
Suggested Sections

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.

Optional Sections

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

Suggested Schedules

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

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

Manufacturing

Professional Services

Healthcare

Education

Real Estate

Financial Services

Entertainment

Food and Beverage

Automotive

Telecommunications

Relevant Teams

Legal

Marketing

Business Development

Sales

Commercial

Compliance

Operations

Finance

Brand Management

Corporate Communications

Relevant Roles

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

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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