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MSA Marketing Service Agreement

MSA Marketing Service Agreement Template for Canada

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Key Requirements PROMPT example:

MSA Marketing Service Agreement

"I need an MSA Marketing Service Agreement for a digital marketing agency providing social media and email marketing services to our e-commerce business, with specific provisions for CASL compliance and data protection, starting March 1, 2025."

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Document background
The MSA Marketing Service Agreement is a foundational document used when establishing a long-term marketing services relationship between a service provider and client in Canada. It is particularly crucial when the marketing services involve ongoing campaigns, multiple projects, or complex marketing initiatives. The agreement addresses key aspects required under Canadian law, including compliance with PIPEDA for data protection, CASL for electronic communications, and the Competition Act for advertising practices. This document type is essential for businesses seeking to formalize their marketing service arrangements while ensuring proper risk allocation, clear service expectations, and regulatory compliance. It typically includes detailed schedules for services, pricing, and performance metrics, making it adaptable to various marketing service relationships while maintaining a consistent legal framework.
Suggested Sections

1. Parties: Identification of the service provider and client, including full legal names and addresses

2. Background: Context of the agreement and brief description of the parties' intention to enter into a marketing services arrangement

3. Definitions: Key terms used throughout the agreement, including Service definitions, Deliverables, Marketing Materials, etc.

4. Scope of Services: Detailed description of marketing services to be provided

5. Term and Termination: Duration of the agreement, renewal terms, and termination rights

6. Payment Terms: Fees, payment schedule, expenses, and invoicing procedures

7. Service Provider Obligations: Key responsibilities and commitments of the marketing service provider

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

9. Intellectual Property Rights: Ownership and licensing of marketing materials and deliverables

10. Data Protection and Privacy: Compliance with PIPEDA and handling of personal information

11. Confidentiality: Protection of confidential information exchanged during service provision

12. Representations and Warranties: Standard warranties regarding services and compliance with laws

13. Limitation of Liability: Caps on liability and exclusions of certain types of damages

14. General Provisions: Standard boilerplate including governing law, notices, amendment process

Optional Sections

1. Service Levels: Include when specific performance metrics and standards are required

2. Compliance with Marketing Laws: Detailed section when specific marketing channels (e.g., email, SMS) are used

3. International Transfer of Data: Required when services involve cross-border data transfers

4. Non-Solicitation: Include when protecting against poaching of employees is important

5. Insurance Requirements: Detailed insurance obligations for higher-risk services

6. Disaster Recovery: Include for critical marketing services or data-intensive operations

7. Audit Rights: Include when client needs right to audit service provider's operations

8. Change Control: Include when service scope may need frequent adjustments

Suggested Schedules

1. Schedule A - Services Description: Detailed breakdown of marketing services and deliverables

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

3. Schedule C - Service Levels: Performance metrics, reporting requirements, and remedies

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

5. Schedule E - Data Processing Requirements: Specific data handling and privacy protection procedures

6. Schedule F - Client Brand Guidelines: Client's branding requirements and usage rules

7. Appendix 1 - Form of Change Order: Template for documenting changes to services or terms

8. Appendix 2 - Security Requirements: Technical and organizational security measures

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions


















































Clauses









































Relevant Industries

Retail

E-commerce

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Consumer Goods

Entertainment

Telecommunications

Education

Real Estate

Hospitality

Non-profit Organizations

Relevant Teams

Legal

Marketing

Procurement

Finance

Compliance

Business Development

Brand Management

Digital Marketing

Operations

Commercial

Relevant Roles

Chief Marketing Officer

Marketing Director

Procurement Manager

Legal Counsel

Contract Manager

Marketing Manager

Brand Manager

Digital Marketing Manager

Compliance Officer

Chief Financial Officer

Business Development Manager

Agency Relations Manager

Marketing Operations Manager

Chief Commercial 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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