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Marketing Agency Agreement for the United States

Marketing Agency Agreement Template for United States

A Marketing Agency Agreement is a comprehensive legal document that establishes the terms and conditions between a marketing agency and its client in the United States. This agreement covers service scope, deliverables, payment terms, intellectual property rights, and compliance with federal and state marketing regulations, including FTC guidelines and digital marketing laws. It provides protection for both parties while ensuring clarity in their business relationship.

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What is a Marketing Agency Agreement?

The Marketing Agency Agreement serves as the foundational document for establishing a professional relationship between marketing service providers and their clients in the United States. This contract is essential when businesses seek to outsource their marketing activities to specialized agencies. It addresses crucial aspects such as service scope, deliverables, performance metrics, payment structure, intellectual property rights, and compliance with federal and state marketing regulations. The agreement provides legal protection while ensuring clear communication and expectations between parties, particularly important given the complex regulatory landscape of marketing in the U.S.

What sections should be included in a Marketing Agency Agreement?

1. Parties: Identifies and defines the contracting parties (Agency and Client)

2. Background: Contextualizes the agreement and states the parties' intentions

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

4. Services: Details the marketing services to be provided, including scope, deliverables, and timelines

5. Term and Termination: Specifies agreement duration, renewal terms, and conditions for termination

6. Fees and Payment: Outlines compensation structure, payment terms, expenses, and invoicing procedures

7. Intellectual Property Rights: Addresses ownership and usage rights of created content, pre-existing IP, and licensing terms

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

9. Representations and Warranties: States the guarantees and assurances made by both parties

10. Limitation of Liability: Sets boundaries on parties' liability and includes indemnification provisions

11. General Provisions: Contains standard legal clauses including governing law, notices, and assignment rights

What sections are optional to include in a Marketing Agency Agreement?

1. Performance Metrics: Defines KPIs, success metrics, and reporting requirements for marketing campaigns

2. International Services: Additional provisions for cross-border marketing activities and compliance requirements

3. Data Protection: Specific provisions for handling personal data, privacy requirements, and compliance with relevant regulations

4. Social Media Management: Specific terms for social media account management and content creation

5. Compliance with Marketing Laws: Detailed provisions regarding compliance with specific marketing regulations and platform requirements

What schedules should be included in a Marketing Agency Agreement?

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

2. Rate Card: Comprehensive pricing structure for various services and additional work

3. Brand Guidelines: Client's branding requirements, visual identity guidelines, and tone of voice

4. Service Level Agreement: Performance metrics, response times, and quality standards

5. Key Personnel: List of key team members, their roles, and replacement procedures

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

United States

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Clauses




















Industries

Federal Trade Commission Act: Primary federal law governing unfair or deceptive advertising practices and consumer protection in marketing activities

CAN-SPAM Act: Federal law establishing requirements for commercial email messages, giving recipients the right to opt-out, and setting rules for commercial messages

Lanham Act: Federal trademark law that also governs false advertising and unfair competition in marketing activities

Copyright Act: Federal law protecting original works of authorship, crucial for marketing content creation and usage rights

Americans with Disabilities Act: Federal law requiring accessibility in public accommodations, including digital marketing materials and websites

COPPA: Children's Online Privacy Protection Act governing the collection and use of personal information from children under 13

CCPA: California Consumer Privacy Act providing California residents with rights regarding their personal data collection and use in marketing

State Privacy Laws: Various state-specific privacy regulations affecting data collection and usage in marketing activities

FTC Endorsement Guidelines: Federal guidelines requiring disclosure of material connections between advertisers and endorsers

Native Advertising Guidelines: FTC requirements for clear disclosure of paid or sponsored content in marketing materials

State Consumer Protection Laws: State-specific regulations protecting consumers from deceptive or unfair marketing practices

Industry-Specific Marketing Regulations: Specialized rules governing marketing in regulated industries such as alcohol, tobacco, healthcare, and financial services

Work-for-Hire Provisions: Copyright law provisions determining ownership of creative works produced during the agency relationship

Intellectual Property Rights: Laws governing the ownership, usage, and transfer of creative works, trademarks, and other intellectual property in marketing materials

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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