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Marketing Consultant Agreement Template for Netherlands

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Key Requirements PROMPT example:

Marketing Consultant Agreement

"I need a Marketing Consultant Agreement for a 6-month social media campaign starting March 2025, where the consultant will manage our company's LinkedIn and Instagram presence and create weekly content, including provisions for content ownership and performance metrics."

Document background
The Marketing Consultant Agreement is essential for businesses in the Netherlands engaging external marketing expertise while maintaining compliance with Dutch law. This document is specifically designed for situations where companies need specialized marketing services without creating an employment relationship. It addresses key aspects required under Dutch legal framework, including the Wet DBA (Deregulering Beoordeling Arbeidsrelaties) for proper contractor classification, GDPR compliance for data processing, and intellectual property rights under Dutch Copyright Law (Auteurswet). The agreement is particularly relevant in today's digital age where marketing services often span multiple channels and require clear deliverables, metrics, and data handling protocols. It provides comprehensive protection for both the consultant and client while ensuring flexibility in service delivery and clear performance expectations.
Suggested Sections

1. Parties: Identifies the client and marketing consultant, including full legal names, addresses, and registration details

2. Background: Outlines the context of the agreement, consultant's expertise, and client's need for marketing services

3. Definitions: Defines key terms used throughout the agreement including Services, Deliverables, Materials, and Intellectual Property Rights

4. Appointment and Term: Establishes the consultant's appointment, independent contractor status, and agreement duration

5. Services: Details the specific marketing services to be provided and service delivery standards

6. Consultant's Obligations: Lists the consultant's key responsibilities, including quality standards and professional conduct

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

8. Fees and Payment: Specifies consultation fees, payment terms, expenses, and VAT arrangements

9. Intellectual Property Rights: Addresses ownership and usage rights of marketing materials and pre-existing IP

10. Confidentiality: Defines confidential information and obligations regarding its protection

11. Data Protection: GDPR compliance requirements and data processing obligations

12. Liability and Indemnity: Limits of liability and indemnification provisions

13. Termination: Conditions for termination, notice periods, and consequences of termination

14. General Provisions: Standard clauses including notices, entire agreement, governing law, and jurisdiction

Optional Sections

1. Non-Competition: Restrictions on working with competitors, used when consultant has access to sensitive market strategies

2. Performance Metrics: Specific KPIs and performance standards, included when measuring marketing success is crucial

3. Sub-contractors: Terms for engaging sub-contractors, needed if consultant may delegate work

4. Insurance: Insurance requirements, included for high-value or high-risk marketing projects

5. Brand Guidelines: Compliance with client's branding requirements, used for brand-sensitive clients

6. Social Media Management: Specific terms for social media handling, needed if social media is part of services

7. Crisis Management: Procedures for handling marketing crises, important for public-facing campaigns

8. International Services: Additional terms for cross-border marketing services, needed for international campaigns

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed description of marketing services, deliverables, and timelines

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment structure, and expense categories

3. Schedule 3 - Service Levels: Specific performance standards and response times

4. Appendix A - Client Brand Guidelines: Client's branding requirements and usage guidelines

5. Appendix B - Data Processing Agreement: GDPR-compliant data processing terms and procedures

6. Appendix C - Approved Sub-contractors: List of pre-approved sub-contractors if applicable

7. Appendix D - Marketing Tools and Platforms: List of authorized marketing tools and platforms to be used

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

















































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Relevant Industries

Retail

E-commerce

Technology

Professional Services

Manufacturing

Healthcare

Financial Services

Entertainment

Education

Consumer Goods

Real Estate

Hospitality

Non-profit

Media

Telecommunications

Relevant Teams

Marketing

Legal

Procurement

Finance

Communications

Business Development

Digital

Brand Management

Operations

Commercial

Relevant Roles

Marketing Consultant

Digital Marketing Specialist

Brand Strategist

Content Marketing Manager

Marketing Director

Chief Marketing Officer

Business Development Manager

Marketing Agency Owner

Social Media Strategist

SEO Specialist

Marketing Project Manager

Communications Director

Legal Counsel

Procurement Manager

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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