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Marketing Contractor Agreement Template for New Zealand

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Key Requirements PROMPT example:

Marketing Contractor Agreement

"I need a Marketing Contractor Agreement for a digital marketing specialist who will manage our social media accounts and online campaigns from March 2025, with specific provisions for content approval processes and performance metrics."

Document background
The Marketing Contractor Agreement is essential for businesses in New Zealand engaging external marketing professionals on a contractor basis. This document is specifically designed to comply with New Zealand legal requirements, including contract law, fair trading regulations, and privacy legislation. It's used when a company needs specialized marketing services without creating an employment relationship, clearly establishing the contractor's independent status. The agreement covers crucial aspects such as service scope, intellectual property rights, confidentiality, payment terms, and compliance obligations. It's particularly important for protecting both parties' interests while ensuring clear professional boundaries and deliverables in marketing service arrangements.
Suggested Sections

1. Parties: Identifies and provides full details of the contracting parties - the company and the marketing contractor

2. Background: Sets out the context of the agreement, including the company's need for marketing services and contractor's expertise

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Engagement and Scope: Establishes the contractor relationship and outlines the general scope of marketing services to be provided

5. Independent Contractor Status: Clearly establishes the independent nature of the relationship and distinguishes from employment

6. Contractor Obligations: Details the contractor's duties, responsibilities, and service standards

7. Company Obligations: Outlines the company's responsibilities, including provision of necessary information and resources

8. Fees and Payment: Specifies payment terms, rates, invoicing procedures, and expenses policy

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

10. Confidentiality: Protects company's confidential information and trade secrets

11. Term and Termination: Specifies contract duration, renewal terms, and termination provisions

12. Privacy and Data Protection: Ensures compliance with Privacy Act 2020 and data protection requirements

13. Compliance with Laws: Requires adherence to relevant marketing, advertising, and consumer protection laws

14. Insurance and Liability: Sets out insurance requirements and liability limitations

15. General Provisions: Includes standard legal provisions like governing law, dispute resolution, and assignment

Optional Sections

1. Social Media Management: Include when the contractor will manage company social media accounts, detailing access, content approval processes, and handover requirements

2. Performance Metrics: Include when specific KPIs or performance measures will be used to evaluate marketing success

3. Client Interaction: Include when the contractor will have direct contact with company clients or represent the company

4. Subcontracting: Include when the contractor may need to engage other professionals or agencies

5. Non-Compete: Include when protecting against competition is crucial, particularly for senior marketing roles

6. International Marketing: Include when marketing activities extend beyond New Zealand

7. Crisis Management: Include when contractor may be involved in managing marketing-related crises or reputation issues

8. Content Approval Process: Include when establishing specific approval workflows for marketing materials

Suggested Schedules

1. Schedule 1: Services Description: Detailed description of specific marketing services, deliverables, and timelines

2. Schedule 2: Fee Schedule: Detailed breakdown of fees, rates, and payment structures

3. Schedule 3: Brand Guidelines: Company's branding requirements and style guide

4. Schedule 4: Approved Marketing Channels: List of authorized marketing platforms and channels

5. Schedule 5: Reporting Requirements: Templates and specifications for marketing performance reports

6. Appendix A: Company Policies: Relevant company policies affecting marketing activities

7. Appendix B: Compliance Checklist: Marketing compliance requirements and regulatory guidelines

8. Appendix C: Contact List: Key company contacts and approval authorities

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

Professional Services

Technology

Healthcare

Education

Financial Services

Manufacturing

Hospitality

Real Estate

Non-profit

Media and Entertainment

Consumer Goods

Telecommunications

Tourism

Relevant Teams

Marketing

Communications

Digital

Brand Management

Public Relations

Business Development

Legal

Finance

Procurement

Human Resources

Operations

Relevant Roles

Marketing Consultant

Digital Marketing Specialist

Content Marketing Strategist

Social Media Manager

Brand Consultant

Marketing Analytics Specialist

SEO Consultant

Public Relations Consultant

Marketing Campaign Manager

Growth Marketing Specialist

Email Marketing Consultant

Marketing Communications Specialist

Marketing Project Manager

Advertising Specialist

Marketing Research Consultant

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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