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Digital Marketing Agreement Template for India

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Key Requirements PROMPT example:

Digital Marketing Agreement

"I need a Digital Marketing Agreement for my e-commerce startup in Mumbai to engage a digital marketing agency for comprehensive services including social media management, SEO, and content creation, with specific data protection clauses compliant with Indian IT laws."

Document background
The Digital Marketing Agreement serves as a foundational document for businesses engaging digital marketing services in India. It is essential when a company wishes to outsource its digital marketing activities to a specialized agency or service provider. The agreement comprehensively covers all aspects of the digital marketing relationship, including specific service deliverables, performance metrics, data protection requirements, and compliance with Indian digital marketing regulations. It aligns with key Indian legislation such as the Information Technology Act, 2000, and the Consumer Protection Act, 2019, while addressing modern digital marketing requirements including social media management, content creation, SEO, and digital advertising. This document is particularly relevant in today's digital-first business environment, where companies increasingly rely on professional digital marketing services to enhance their online presence and reach target audiences effectively.
Suggested Sections

1. Parties: Identification of the service provider (digital marketing agency) and the client

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

3. Definitions: Definitions of key terms including digital marketing terminology, metrics, and technical terms

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

5. Term and Termination: Duration of the agreement and conditions for termination

6. Payment Terms: Fee structure, payment schedule, and billing procedures

7. Performance Metrics: Key performance indicators (KPIs) and measurement criteria

8. Reporting and Analytics: Frequency and format of performance reports and analytics

9. Data Protection and Privacy: Compliance with data protection laws and handling of personal data

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

11. Confidentiality: Protection of confidential information and trade secrets

12. Compliance with Laws: Adherence to advertising standards and digital marketing regulations

13. Warranties and Representations: Guarantees provided by both parties

14. Limitation of Liability: Limits on liability and indemnification provisions

15. Force Majeure: Provisions for unforeseen circumstances affecting performance

16. Dispute Resolution: Process for resolving disagreements between parties

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

Optional Sections

1. Social Media Management: Specific terms for social media platform management, used when services include social media

2. Content Creation: Terms specific to content creation services, included when agency provides content development

3. SEO Services: Specific terms for search engine optimization services, if included in scope

4. Paid Advertising: Terms for managing paid advertising campaigns, if applicable

5. Third-Party Tools: Terms regarding use of third-party marketing tools and platforms

6. Client Responsibilities: Specific client obligations, included for complex projects requiring significant client input

7. Training and Support: Terms for training client staff, if included in services

8. White Labeling: Terms for white-label services, if agency provides services under client's brand

Suggested Schedules

1. Schedule A - Scope of Services: Detailed breakdown of specific digital marketing services and deliverables

2. Schedule B - Fee Structure: Detailed pricing, payment terms, and fee calculations

3. Schedule C - Service Level Agreement: Specific performance metrics, response times, and service standards

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

5. Schedule E - Reporting Templates: Standard formats for performance reports and analytics

6. Appendix 1 - Data Processing Agreement: Detailed terms for handling personal data in compliance with privacy laws

7. Appendix 2 - Brand Guidelines: Client's branding requirements and guidelines

8. Appendix 3 - Campaign Calendar: Planned marketing activities and timeline

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

E-commerce

Retail

Technology

Financial Services

Healthcare

Education

Real Estate

Hospitality

Manufacturing

Professional Services

Media and Entertainment

Consumer Goods

Telecommunications

Automotive

Non-profit Organizations

Relevant Teams

Legal

Marketing

Digital

Procurement

Finance

Compliance

Operations

Business Development

Brand Management

Content Creation

Social Media

Risk Management

Relevant Roles

Chief Marketing Officer

Digital Marketing Manager

Marketing Director

Brand Manager

Social Media Manager

Content Marketing Manager

SEO Specialist

Legal Counsel

Procurement Manager

Business Development Manager

Operations Manager

Chief Digital Officer

Marketing Operations Manager

Compliance Officer

Contract Manager

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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