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Exclusive Marketing Agreement
"I need an Exclusive Marketing Agreement for appointing a digital marketing agency to handle all our e-commerce marketing in Malaysia and Singapore, starting from March 2025, with special focus on social media campaigns and performance-based compensation."
1. Parties: Identification and details of the principal company and the marketing agency/provider
2. Background: Context of the agreement, including the principal's business and desire for marketing services
3. Definitions: Key terms used throughout the agreement, including Territory, Products/Services, Marketing Services, etc.
4. Appointment and Scope: Grant of exclusive marketing rights and detailed scope of services
5. Term: Duration of the agreement, including commencement date and renewal provisions
6. Marketing Obligations: Detailed responsibilities of the marketing provider
7. Principal's Obligations: Support, materials, and information to be provided by the principal
8. Exclusivity Provisions: Terms of exclusivity, including territorial and product/service restrictions
9. Fees and Payment: Payment terms, commission structures, and expense arrangements
10. Performance Standards: Required service levels and quality standards
11. Intellectual Property: Ownership and usage rights of marketing materials and trademarks
12. Confidentiality: Protection of confidential information and trade secrets
13. Termination: Grounds for termination and termination procedures
14. Post-Termination: Obligations and restrictions after agreement ends
15. General Provisions: Standard boilerplate clauses including governing law, notices, etc.
1. Data Protection: Required if personal data processing is involved in marketing activities
2. Digital Marketing Provisions: Required if online/digital marketing is part of the scope
3. Sub-contractors: Include if the marketing provider may need to engage third parties
4. Insurance: Include if specific insurance requirements are needed
5. Non-Competition: Include if additional competitive restrictions are required beyond exclusivity
6. Force Majeure: Include if specific events need to be addressed that could impact marketing activities
7. Compliance with Laws: Include if specific regulatory compliance needs to be addressed
1. Schedule 1 - Marketing Services: Detailed description of all marketing services to be provided
2. Schedule 2 - Territory: Detailed description of geographical territory covered by exclusivity
3. Schedule 3 - Products/Services: Detailed list of products/services covered by the agreement
4. Schedule 4 - Fee Structure: Detailed breakdown of fees, commissions, and payment calculations
5. Schedule 5 - Performance Metrics: KPIs and performance measurement criteria
6. Schedule 6 - Brand Guidelines: Principal's branding requirements and usage guidelines
7. Schedule 7 - Reporting Requirements: Format and frequency of required marketing reports
8. Schedule 8 - Approved Marketing Materials: List of pre-approved marketing materials and templates
Authors
Retail
Consumer Goods
Technology
Financial Services
Healthcare
Real Estate
Manufacturing
Automotive
Telecommunications
Food and Beverage
Fashion and Apparel
Education
Entertainment
Tourism and Hospitality
Legal
Marketing
Business Development
Commercial
Sales
Compliance
Brand Management
Operations
Finance
Executive Leadership
Chief Marketing Officer
Marketing Director
Business Development Manager
Brand Manager
Commercial Director
Legal Counsel
Contracts Manager
Marketing Manager
Sales Director
CEO
General Manager
Regional Director
Channel Manager
Marketing Operations Manager
Compliance Officer
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