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Digital Marketing Services Agreement
1. Parties: Identification of the service provider and client, including business details and registration numbers
2. Background: Context of the agreement and brief description of the parties' intention to enter into a digital marketing services arrangement
3. Definitions: Key terms used throughout the agreement, including technical marketing terms and platform-specific terminology
4. Scope of Services: Detailed description of digital marketing services to be provided, including channels and platforms
5. Service Provider's Obligations: Key responsibilities and commitments of the marketing agency
6. Client's Obligations: Client responsibilities, including provision of materials, approvals, and access to necessary accounts
7. Fees and Payment Terms: Pricing structure, payment schedule, and related financial terms
8. Term and Termination: Duration of the agreement and conditions for termination
9. Intellectual Property Rights: Ownership and usage rights of marketing materials and content
10. Data Protection and Privacy: GDPR compliance and data processing terms
11. Confidentiality: Protection of confidential information shared between parties
12. Performance Metrics and Reporting: KPIs, reporting requirements, and performance evaluation criteria
13. Warranties and Indemnities: Guarantees provided by both parties and compensation for breaches
14. Limitation of Liability: Limits on parties' liability and exclusions
15. General Provisions: Standard legal clauses including governing law, notices, and entire agreement
1. Service Level Agreement: Detailed service levels and response times - include when specific performance metrics are crucial
2. Change Management: Process for requesting and implementing changes to services - include for long-term or complex campaigns
3. Non-Competition: Restrictions on working with competitors - include when dealing with sensitive industry sectors
4. Personnel Requirements: Specific staff qualifications or dedicated team requirements - include when specific expertise is needed
5. Crisis Management: Procedures for handling social media or marketing crises - include for high-profile campaigns
6. Subcontractor Terms: Rules for engaging subcontractors - include when subcontracting is anticipated
7. Multi-language Requirements: Specifications for multi-language content - include for international campaigns
1. Schedule 1 - Service Specifications: Detailed breakdown of each marketing service, channels, and deliverables
2. Schedule 2 - Fee Schedule: Detailed pricing, including rate cards and additional services pricing
3. Schedule 3 - Key Performance Indicators: Specific metrics and targets for measuring campaign success
4. Schedule 4 - Approved Platforms and Tools: List of marketing platforms, tools, and technologies to be used
5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures
6. Schedule 6 - Brand Guidelines: Client's branding requirements and usage guidelines
7. Schedule 7 - Reporting Templates: Standard formats for performance and activity reporting
8. Appendix A - Contact Details: Key contacts and escalation procedures for both parties
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