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Marketing Contract for Philippines

Marketing Contract Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes the terms and conditions for marketing services between a service provider and a client. This contract addresses key aspects including scope of services, deliverables, payment terms, intellectual property rights, data privacy compliance under the Philippine Data Privacy Act, and performance metrics. It incorporates specific requirements of Philippine business and advertising laws, including consumer protection regulations and the E-Commerce Act, while establishing clear guidelines for marketing activities, brand management, and digital communications.

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What is a Marketing Contract?

The Marketing Contract serves as a fundamental legal instrument for businesses engaging in marketing activities in the Philippines. It is essential when engaging external marketing service providers or establishing internal marketing arrangements. The contract ensures compliance with Philippine laws including the Civil Code, Consumer Act, Data Privacy Act, and E-Commerce Act. It typically covers comprehensive terms for marketing services, including digital marketing, traditional advertising, content creation, and promotional activities. This document is particularly important given the evolving marketing landscape in the Philippines and the need to protect both service providers and clients while ensuring regulatory compliance. The contract should be customized based on specific marketing services required, whether they involve digital campaigns, traditional advertising, event marketing, or integrated marketing communications.

What sections should be included in a Marketing Contract?

1. Parties: Identification and details of the contracting parties - the marketing service provider and the client

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

3. Definitions: Key terms used throughout the agreement

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

5. Term and Timeline: Duration of the agreement and key delivery dates

6. Payment Terms: Fees, payment schedule, and invoicing procedures

7. Performance Metrics: KPIs and measurement criteria for marketing services

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

9. Data Protection and Privacy: Compliance with Philippine Data Privacy Act and data handling procedures

10. Confidentiality: Protection of confidential information and trade secrets

11. Representations and Warranties: Guarantees made by both parties regarding their capabilities and rights

12. Termination: Conditions and procedures for ending the agreement

13. Dispute Resolution: Process for resolving conflicts between parties

14. General Provisions: Standard legal clauses including governing law, notices, and amendments

What sections are optional to include in a Marketing Contract?

1. Social Media Management: Specific terms for social media marketing services, include when social media management is part of the scope

2. Content Creation Rights: Detailed provisions for content creation and ownership, include for content-heavy marketing campaigns

3. Influencer Collaboration: Terms for working with influencers, include when influencer marketing is involved

4. Event Marketing: Specific provisions for event organization and management, include for event-based marketing

5. Agency-Client Relationship: Specific terms defining whether relationship is exclusive or non-exclusive, include for agency arrangements

6. International Marketing: Additional provisions for cross-border marketing activities, include for international campaigns

7. Subcontractor Terms: Rules for engaging subcontractors, include when subcontracting is permitted

What schedules should be included in a Marketing Contract?

1. Schedule A - Scope of Work: Detailed breakdown of marketing services, deliverables, and timelines

2. Schedule B - Fee Schedule: Detailed pricing structure and payment terms

3. Schedule C - KPI Metrics: Specific performance indicators and measurement methodologies

4. Schedule D - Brand Guidelines: Client's branding requirements and usage guidelines

5. Schedule E - Approved Subcontractors: List of pre-approved subcontractors if applicable

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

7. Appendix 2 - Creative Brief Template: Standard template for campaign briefs and approvals

8. Appendix 3 - Reporting Templates: Standard formats for performance and campaign reporting

Authors

Alex Denne

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

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions





















































Clauses









































Relevant Industries

Retail

E-commerce

Technology

Financial Services

Healthcare

Real Estate

Food and Beverage

Entertainment

Telecommunications

Education

Tourism and Hospitality

Consumer Goods

Professional Services

Manufacturing

Automotive

Relevant Teams

Marketing

Legal

Procurement

Business Development

Brand Management

Digital Marketing

Content Creation

Media Planning

Creative Services

Compliance

Finance

Operations

Relevant Roles

Marketing Director

Chief Marketing Officer

Brand Manager

Marketing Manager

Digital Marketing Specialist

Contract Administrator

Legal Counsel

Procurement Manager

Business Development Manager

Agency Account Manager

Marketing Consultant

Creative Director

Content Manager

Media Planning Manager

Marketing Operations 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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