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Non Disclosure Agreement For Marketing Agency for the United States

Non Disclosure Agreement For Marketing Agency Template for United States

A legally binding agreement used in the United States to protect confidential information shared between a marketing agency and its clients or contractors. This document ensures the protection of sensitive marketing strategies, client data, creative content, pricing information, and trade secrets. It includes specific provisions for digital assets, brand strategies, and market research, while complying with federal and state trade secret laws, privacy regulations, and industry-specific requirements.

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Non Disclosure Agreement For Marketing Agency

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What is a Non Disclosure Agreement For Marketing Agency?

The Non Disclosure Agreement For Marketing Agency is essential when marketing agencies need to share sensitive information with clients, contractors, or other parties during business relationships. This U.S.-governed document is particularly crucial in protecting proprietary marketing strategies, creative content, client lists, pricing structures, and technical information. It ensures compliance with federal trade secret laws and state-specific regulations while providing clear guidelines for handling confidential information in the marketing context. The agreement is designed to protect both the agency's intellectual property and their clients' sensitive business information.

What sections should be included in a Non Disclosure Agreement For Marketing Agency?

1. Parties: Identifies the disclosing party (marketing agency) and receiving party, including full legal names and addresses

2. Background: Explains the context of the agreement and why confidential information needs to be shared

3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Representatives', and 'Purpose'

4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

5. Permitted Use: Specifies allowed uses of confidential information

6. Term and Termination: Duration of the agreement and termination provisions

7. Return of Information: Requirements for returning or destroying confidential information

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

1. Non-Solicitation: Prevents poaching of employees/clients. Include when sharing sensitive information about personnel or client relationships

2. Data Protection: Specific provisions for handling personal data. Include when sharing personal data subject to privacy laws

3. Digital Assets Protection: Specific provisions for digital content and online assets. Include when sharing access to digital marketing materials or platforms

4. Industry-Specific Compliance: Additional compliance requirements for regulated industries such as healthcare or finance

What schedules should be included in a Non Disclosure Agreement For Marketing Agency?

1. Schedule of Confidential Information: Detailed list of specific confidential information covered

2. Authorized Representatives: List of individuals authorized to access confidential information

3. Security Protocols: Specific security measures required for handling information

4. Data Processing Requirements: Specific requirements for handling personal data if applicable

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

Defend Trade Secrets Act (DTSA): Federal law enacted in 2016 that provides uniform federal protection for trade secrets and allows companies to file trade secret cases in federal courts

Economic Espionage Act: Federal law from 1996 that criminalizes trade secret theft and provides protection against economic espionage

Uniform Trade Secrets Act (UTSA): Model law adopted by most states that provides consistent state-level protection for trade secrets and defines trade secret misappropriation

Copyright Act: Federal law protecting original works of authorship, crucial for marketing materials and creative content protection

Lanham Act: Federal trademark law protecting brands and marketing identities from unauthorized use or disclosure

Federal Trade Commission Act: Federal law governing privacy and data protection practices, including requirements for handling sensitive customer information

California Consumer Privacy Act (CCPA): California-specific privacy law with strict requirements for handling consumer data, particularly relevant if dealing with California residents

State Contract Laws: Laws governing contract formation, enforcement, and essential elements including consideration, mutual assent, and capacity

CAN-SPAM Act: Federal law regulating commercial email practices and protecting email marketing data

COPPA (Children's Online Privacy Protection Act): Federal law governing the collection and use of personal information from children under 13, relevant for marketing campaigns targeting young audiences

HIPAA: Federal law protecting medical information privacy, relevant if marketing agency handles healthcare client data

GLBA (Gramm-Leach-Bliley Act): Federal law protecting consumer financial information, relevant if marketing agency handles financial sector clients

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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