Marketing Contract

Marketing Contract Template for Denmark

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Document background

This Marketing Contract template is designed for use under Danish jurisdiction when establishing a formal relationship between marketing service providers and their clients. It is particularly relevant in today's digital age where marketing activities span multiple channels and must comply with various regulations, including the Danish Marketing Practices Act, GDPR, and e-commerce laws. The document covers essential aspects such as service scope, deliverables, intellectual property rights, data protection, and payment terms, while incorporating specific Danish legal requirements. It is suitable for both comprehensive marketing campaigns and specific marketing initiatives, providing flexibility to accommodate various business needs while ensuring regulatory compliance. The contract can be customized based on the specific marketing services being offered, whether they involve digital marketing, traditional advertising, social media management, or integrated marketing campaigns.

Suggested Sections

1. Parties: Identification and details of the contracting parties (marketing agency and client)

2. Background: Context of the agreement and business relationship

3. Definitions: Key terms used throughout the agreement

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

5. Term and Termination: Duration of the agreement and termination provisions

6. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing details

7. Intellectual Property Rights: Ownership and usage rights of marketing materials and content

8. Data Protection and GDPR Compliance: Obligations regarding personal data processing and protection

9. Confidentiality: Protection of confidential information and trade secrets

10. Warranties and Representations: Guarantees regarding service quality and compliance with laws

11. Limitation of Liability: Caps on liability and exclusions

12. General Provisions: Standard legal clauses including governing law, jurisdiction, and amendments

Optional Sections

1. Performance Metrics: Specific KPIs and success metrics - include when measurable outcomes are part of the agreement

2. Exclusivity: Restrictions on working with competitors - include when exclusive arrangements are required

3. Agency-Client Relationship: Detailed roles and responsibilities - include for complex projects with multiple stakeholders

4. Subcontractors: Rules for engaging third parties - include when subcontracting is anticipated

5. Client Obligations: Specific client responsibilities - include when significant client input or resources are required

6. Social Media Management: Specific terms for social media handling - include for social media marketing services

7. Crisis Management: Procedures for handling PR crises - include for high-profile marketing campaigns

8. Budget Management: Detailed budget allocation and control - include for projects with significant media buying

Suggested Schedules

1. Schedule A - Scope of Work: Detailed breakdown of marketing services, deliverables, and timelines

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

3. Schedule C - Brand Guidelines: Client's branding requirements and style guide

4. Schedule D - Service Level Agreement: Performance standards and response times

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

6. Appendix 1 - Data Processing Agreement: GDPR-compliant data processing terms and requirements

7. Appendix 2 - Campaign Brief: Specific campaign requirements and objectives

8. Appendix 3 - Reporting Templates: Standard formats for performance reporting and analytics

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