Marketing Services Agreement

Marketing Services Agreement Template for Denmark

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Document background

The Marketing Services Agreement is essential for businesses engaging external marketing service providers in Denmark. It is used when a company wishes to formally engage marketing services, whether for specific campaigns or ongoing marketing support. The agreement ensures compliance with Danish marketing laws, data protection regulations, and consumer protection requirements while clearly defining the scope of services, deliverables, and responsibilities of both parties. This document is particularly important in the Danish context as it incorporates specific requirements of Danish marketing legislation (Markedsføringsloven) and EU regulations like GDPR. The agreement typically includes detailed service specifications, approval processes, intellectual property provisions, and payment terms, making it suitable for both comprehensive marketing arrangements and specific campaign management.

Suggested Sections

1. Parties: Identification of the service provider and client with full legal details

2. Background: Context of the agreement and brief description of parties' business relationship

3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation

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

5. Service Provider's Obligations: Key responsibilities and commitments of the marketing service provider

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

7. Approval Process: Procedures for submitting, reviewing, and approving marketing materials

8. Fees and Payment Terms: Service pricing, payment schedule, and invoicing procedures

9. Intellectual Property Rights: Ownership and licensing of marketing materials and pre-existing IP

10. Compliance with Laws: Compliance with Danish marketing laws and regulations

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

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

13. Limitation of Liability: Limits on parties' liability under Danish law

14. Force Majeure: Provisions for unforeseen circumstances preventing performance

15. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction

Optional Sections

1. Data Processing Terms: Required when personal data processing is part of marketing services (GDPR compliance)

2. Digital Marketing Services: Specific provisions for online marketing, social media, and digital campaigns

3. Traditional Marketing Services: Specific provisions for print, broadcast, and outdoor advertising

4. Service Levels: Specific performance metrics and service level agreements if required

5. Staff and Subcontractors: Terms governing use of personnel and third-party contractors

6. Non-Competition: Restrictions on working with competitors if required

7. Insurance: Specific insurance requirements for high-value campaigns

8. Brand Guidelines: Compliance with client's branding requirements and guidelines

Suggested Schedules

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

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

3. Schedule 3 - Service Levels: Performance metrics and measurement criteria

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

5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and details

6. Schedule 6 - Campaign Calendar: Timeline and scheduled marketing activities

7. Appendix A - Brand Guidelines: Client's branding requirements and usage rules

8. Appendix B - Approval Workflows: Detailed procedures for content approval process

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