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Marketing Services Agreement for Australia

Marketing Services Agreement Template for Australia

A comprehensive legal agreement governed by Australian law that establishes the terms and conditions for the provision of marketing services between a service provider and a client. The document covers essential aspects including service scope, deliverables, payment terms, intellectual property rights, data protection, and performance metrics, while ensuring compliance with Australian consumer protection, privacy, and advertising regulations. It includes provisions for both traditional and digital marketing services, incorporating necessary safeguards for both parties and addressing specific requirements under Australian Consumer Law and related legislation.

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What is a Marketing Services Agreement?

The Marketing Services Agreement is designed for use when engaging external marketing service providers in Australia. It provides a structured framework for defining the marketing relationship, outlining service expectations, and establishing clear deliverables and success metrics. This document is essential when businesses seek to formalize their marketing arrangements and ensure compliance with Australian legislation, including the Competition and Consumer Act 2010, Privacy Act 1988, and relevant advertising standards. The agreement covers various marketing activities from traditional advertising to digital campaigns, making it suitable for both comprehensive marketing relationships and specific campaign engagements. It includes provisions for intellectual property protection, data handling, and performance measurement, while incorporating necessary compliance elements for Australian business operations.

What sections should be included in a Marketing Services Agreement?

1. Parties: Identification of the service provider and client

2. Background: Context of the agreement and general business relationship

3. Definitions and Interpretation: Key terms used throughout the agreement

4. Term and Commencement: Duration of the agreement including start date and renewal options

5. Scope of Services: Overview of marketing services to be provided

6. Service Provider Obligations: Key responsibilities and commitments of the marketing agency

7. Client Obligations: Client's responsibilities including provision of materials and approvals

8. Fees and Payment: Payment terms, fee structure, and invoicing requirements

9. Intellectual Property Rights: Ownership and licensing of marketing materials and pre-existing IP

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection and Privacy: Compliance with privacy laws and data handling requirements

12. Performance Measurement: KPIs, reporting requirements, and success metrics

13. Warranties and Representations: Standard warranties regarding service quality and compliance

14. Limitation of Liability: Liability caps and exclusions

15. Termination: Termination rights and processes

16. General Provisions: Standard boilerplate clauses including notices, governing law, etc.

What sections are optional to include in a Marketing Services Agreement?

1. Social Media Management: Specific terms for social media marketing services, including account access and content approval processes

2. Traditional Media Services: Terms specific to traditional advertising channels like print, radio, or television

3. Influencer Marketing: Terms governing influencer engagement, disclosure requirements, and performance metrics

4. Agency of Record: Additional terms when the agency serves as primary marketing partner

5. Creative Services: Detailed terms for creative development process and ownership

6. International Marketing: Additional provisions for cross-border marketing activities

7. Force Majeure: Provisions for handling unforeseen circumstances affecting marketing activities

8. Non-Compete: Restrictions on working with competing brands, if applicable

9. Success Fees: Performance-based compensation structure for specific campaigns

What schedules should be included in a Marketing Services Agreement?

1. Schedule 1 - Scope of Services: Detailed breakdown of specific marketing services and deliverables

2. Schedule 2 - Fee Schedule: Detailed pricing, payment terms, and rate cards

3. Schedule 3 - Service Levels: Specific KPIs, response times, and performance metrics

4. Schedule 4 - Approved Subcontractors: List of pre-approved third-party service providers

5. Schedule 5 - Brand Guidelines: Client's branding requirements and usage guidelines

6. Schedule 6 - Campaign Calendar: Planned marketing activities and timelines

7. Appendix A - Reporting Templates: Standard formats for performance and activity reporting

8. Appendix B - Approval Process: Workflow for content and campaign approvals

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Service Agreement

Sector

Cost

Free to use
Relevant legal definitions















































Clauses













































Relevant Industries

Retail

E-commerce

Financial Services

Technology

Healthcare

Consumer Goods

Professional Services

Entertainment

Education

Manufacturing

Real Estate

Hospitality

Telecommunications

Automotive

Non-profit

Relevant Teams

Legal

Marketing

Procurement

Finance

Compliance

Brand Management

Digital Marketing

Communications

Business Development

Operations

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Marketing Manager

Procurement Manager

Legal Counsel

Contract Manager

Commercial Director

Business Development Manager

Agency Relations Manager

Digital Marketing Manager

Communications Manager

Marketing Operations Manager

Compliance Officer

Finance 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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