Marketing Partner Agreement

Marketing Partner Agreement Template for Denmark

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Document background

The Marketing Partner Agreement is essential for businesses operating in Denmark that wish to formalize their marketing collaboration with external partners. This document is particularly relevant in today's digital age where companies increasingly rely on specialized marketing partners for their promotional activities. The agreement ensures compliance with Danish law, including the Marketing Practices Act (Markedsføringsloven) and GDPR requirements, while clearly defining the partnership's commercial terms. It's designed to protect both parties' interests by clearly outlining service scope, compensation, brand usage rights, and data protection obligations. The document is adaptable for various marketing arrangements, from traditional advertising to digital marketing campaigns, and includes necessary provisions for performance monitoring and regulatory compliance.

Suggested Sections

1. Parties: Identification of the contracting parties with full legal names and addresses

2. Background: Context of the agreement and brief description of each party's business and objectives

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope: Terms of appointment, exclusivity/non-exclusivity, and territorial scope

5. Marketing Partner Obligations: Detailed responsibilities and commitments of the marketing partner

6. Company Obligations: Support, materials, and resources to be provided by the principal company

7. Approval Process: Procedures for approval of marketing materials and campaigns

8. Compensation and Payment: Fee structure, payment terms, and any performance-based incentives

9. Intellectual Property Rights: Ownership and usage rights of trademarks, marketing materials, and other IP

10. Data Protection and Privacy: GDPR compliance and data handling requirements

11. Confidentiality: Protection of confidential information and trade secrets

12. Term and Termination: Duration of agreement and termination provisions

13. Post-Termination Obligations: Obligations and restrictions after agreement ends

14. General Provisions: Standard boilerplate clauses including governing law, notices, and amendments

Optional Sections

1. Performance Targets: Specific KPIs and performance metrics, used when the agreement includes performance-based elements

2. Marketing Budget: Budget allocation and management procedures, included when the partner has budget responsibility

3. Compliance with Industry Standards: Specific industry compliance requirements, needed for regulated industries

4. Sub-contractors: Terms for engaging sub-contractors, included when sub-contracting is permitted

5. Non-Competition: Restrictions on competing activities, used when exclusivity is important

6. Insurance Requirements: Specific insurance coverage requirements, important for high-value or high-risk activities

7. Audit Rights: Rights to audit marketing activities and expenses, included when significant budgets are involved

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of marketing services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, commission structures, and payment terms

3. Schedule 3 - Brand Guidelines: Company's branding requirements and usage guidelines

4. Schedule 4 - Approved Marketing Channels: List of approved marketing channels and platforms

5. Schedule 5 - Reporting Requirements: Templates and specifications for regular reporting

6. Schedule 6 - Data Processing Agreement: Detailed GDPR-compliant data processing terms

7. Schedule 7 - Key Personnel: List of key personnel from both parties responsible for the partnership

8. Appendix A - Marketing Territory: Detailed description and/or maps of authorized marketing territories

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Marketing Partner Agreement Template for Denmark

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