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Marketing Retainer Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Marketing Retainer Agreement

"I need a Marketing Retainer Agreement for my Hong Kong digital marketing agency to provide social media management and content creation services to a multinational retail client, including strict data protection provisions and service level requirements for multiple Asian markets."

Document background
The Marketing Retainer Agreement is essential for businesses seeking to establish a continuous professional marketing relationship in Hong Kong. It is particularly relevant when a company requires ongoing marketing support rather than project-based services. This document outlines the terms under which a marketing agency provides regular services to a client, including monthly deliverables, performance metrics, and retainer fees. The agreement incorporates Hong Kong legal requirements, including compliance with the Personal Data (Privacy) Ordinance, Trade Descriptions Ordinance, and relevant advertising regulations. It's designed to protect both parties' interests while ensuring clear expectations for service delivery, intellectual property rights, and confidentiality. The document is commonly used by businesses of all sizes seeking professional marketing support and agencies providing these services in the Hong Kong market.
Suggested Sections

1. Parties: Identifies and defines the service provider (marketing agency) and the client

2. Background: Contextual information about the agreement and the parties' intention to enter into a marketing retainer arrangement

3. Definitions: Defines key terms used throughout the agreement

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

5. Retainer Fee and Payment Terms: Specifies monthly retainer amount, payment schedule, and additional costs

6. Service Provider's Obligations: Details the marketing agency's responsibilities, deliverables, and performance standards

7. Client's Obligations: Outlines client's responsibilities including providing necessary information and approvals

8. Intellectual Property Rights: Addresses ownership and usage rights of marketing materials and creative works

9. Confidentiality: Provisions for handling confidential information from both parties

10. Data Protection: Compliance with privacy laws and data handling procedures

11. Term and Termination: Duration of agreement and circumstances for termination

12. Limitation of Liability: Limits and exclusions of liability for both parties

13. General Provisions: Standard legal clauses including governing law, notices, and entire agreement

Optional Sections

1. Service Level Agreement: Detailed performance metrics and response times, used when specific measurable standards are required

2. International Services: Additional provisions for cross-border marketing services

3. Digital Marketing Specific Terms: Special provisions for digital marketing channels and platforms

4. Influencer Marketing: Specific terms for influencer engagement and management

5. Crisis Management: Procedures for handling marketing-related crises or emergencies

6. Non-Compete: Restrictions on working with competing businesses, if required

7. White Labeling: Terms for providing services under client's brand, if applicable

8. Success Metrics and Reporting: Detailed KPIs and reporting requirements, if specific metrics are crucial

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of marketing services included in the retainer

2. Schedule 2 - Fee Schedule: Detailed breakdown of retainer fees and additional service costs

3. Schedule 3 - Service Level Requirements: Specific performance metrics, response times, and quality standards

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

5. Schedule 5 - Required Reports: Templates and specifications for regular reporting requirements

6. Schedule 6 - Key Personnel: List of key team members assigned to the client's account

7. Appendix A - Client Brand Guidelines: Client's branding requirements and style guide

8. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































Clauses






























Relevant Industries

Retail

E-commerce

Financial Services

Technology

Healthcare

Real Estate

Hospitality

Professional Services

Consumer Goods

Entertainment

Education

Manufacturing

Tourism

Food and Beverage

Telecommunications

Relevant Teams

Legal

Marketing

Procurement

Business Development

Operations

Commercial

Finance

Compliance

Brand Management

Digital Marketing

Executive Leadership

Relevant Roles

Marketing Director

Chief Marketing Officer

Business Development Manager

Agency Account Manager

Legal Counsel

Procurement Manager

Chief Executive Officer

Marketing Manager

Contract Manager

Operations Director

Brand Manager

Digital Marketing Manager

Commercial Director

General Counsel

Chief Operations Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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