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1. Parties: Identification of the disclosing party (typically the business) and receiving party (the marketing agency), including full legal names and addresses
2. Background: Context of the relationship and purpose of sharing confidential information for marketing services
3. Definitions: Key terms including 'Confidential Information', 'Marketing Materials', 'Campaign Data', 'Client Information', and 'Trade Secrets'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the marketing context, including customer data, marketing strategies, and business plans
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care
6. Permitted Disclosures: Circumstances under which confidential information can be shared with employees, subcontractors, and other authorized parties
7. Data Protection and Privacy: Compliance requirements with PIPEDA and other relevant privacy laws
8. Term and Survival: Duration of the agreement and obligations that continue after termination
9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions specifically protecting IP rights in marketing materials and creative works, used when original content creation is part of the scope
2. Digital Assets Protection: Specific provisions for protecting digital assets, social media accounts, and online platforms, included when digital marketing is a significant component
3. Subcontractor Requirements: Detailed provisions for handling confidential information through subcontractors, needed when the agency regularly uses third-party suppliers
4. International Data Transfer: Provisions for cross-border data transfers, required when marketing activities involve multiple jurisdictions
5. Competitive Restrictions: Non-compete or industry exclusivity provisions, included when working with competing clients is a concern
6. Security Protocols: Specific technical and organizational security measures, needed for highly sensitive information or regulated industries
1. Schedule A - Designated Representatives: List of authorized personnel from both parties who may access confidential information
2. Schedule B - Security Requirements: Detailed technical and organizational security measures required for protecting confidential information
3. Schedule C - Approved Subcontractors: Pre-approved third-party vendors and subcontractors who may access confidential information
4. Appendix 1 - Categories of Confidential Information: Detailed listing of types of confidential information covered by the agreement
5. Appendix 2 - Data Handling Procedures: Specific procedures for handling, storing, and disposing of confidential information
Retail
Technology
Healthcare
Financial Services
Entertainment
Consumer Goods
Professional Services
Manufacturing
Real Estate
Education
Non-Profit
Telecommunications
Automotive
Hospitality
E-commerce
Legal
Marketing
Procurement
Executive Leadership
Business Development
Communications
Compliance
Finance
Operations
Creative Services
Digital Marketing
Brand Management
Chief Marketing Officer
Marketing Director
Brand Manager
Digital Marketing Manager
Agency Account Director
Legal Counsel
Privacy Officer
Procurement Manager
Business Development Manager
Communications Director
Creative Director
Content Manager
Social Media Manager
Marketing Operations Manager
Chief Executive Officer
Chief Financial Officer
Contract Manager
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