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Marketing Fee Agreement
"I need a Marketing Fee Agreement for my digital marketing agency providing social media and SEO services to an e-commerce client, with a performance-based fee structure where 30% of fees are tied to achieving specific KPIs, starting March 2025."
1. Parties: Identification of the marketing service provider and the client, including their complete legal names, addresses, and registration details
2. Background: Context of the agreement, brief description of the parties' businesses, and their intention to enter into a marketing arrangement
3. Definitions: Key terms used throughout the agreement, including 'Marketing Services', 'Fee Structure', 'Territory', 'Marketing Materials', etc.
4. Scope of Services: Detailed description of the marketing services to be provided
5. Fee Structure and Payment Terms: Comprehensive breakdown of marketing fees, payment schedule, invoicing process, and payment methods
6. Performance Metrics: Specific KPIs and metrics used to measure marketing effectiveness
7. Term and Termination: Duration of the agreement, renewal terms, and termination conditions
8. Intellectual Property Rights: Rights and restrictions regarding the use of brands, marketing materials, and content
9. Confidentiality: Protection of confidential information shared between parties
10. Representations and Warranties: Statements of fact and promises made by both parties
11. Compliance with Laws: Obligation to comply with relevant Philippine laws, including marketing regulations
12. General Provisions: Standard clauses including notices, amendments, governing law, etc.
1. Data Protection: Required when marketing activities involve collection or processing of personal data
2. Digital Marketing Provisions: Include when services specifically cover online or digital marketing activities
3. Territory Restrictions: Necessary when marketing activities are limited to specific geographic areas
4. Non-Compete: Optional clause restricting the service provider from working with competitors
5. Success Fee Structure: Include when part of the fee is performance-based or commission-based
6. Third-Party Contractors: Required when the marketing service provider may engage subcontractors
7. Marketing Budget: Include when the agreement covers management of marketing spend
1. Schedule A - Scope of Services: Detailed breakdown of specific marketing services and deliverables
2. Schedule B - Fee Structure: Detailed fee calculations, rates, and payment milestones
3. Schedule C - Performance Metrics: Specific KPIs, targets, and measurement methodologies
4. Schedule D - Approved Marketing Materials: Templates or examples of pre-approved marketing materials and brand guidelines
5. Schedule E - Territory Map: If applicable, detailed description or map of covered geographic areas
6. Appendix 1 - Contact Details: Key contact persons and their details for both parties
7. Appendix 2 - Reporting Templates: Standard templates for performance and financial reporting
Authors
Retail
E-commerce
Consumer Goods
Financial Services
Technology
Healthcare
Real Estate
Hospitality
Telecommunications
Manufacturing
Entertainment
Professional Services
Education
Food and Beverage
Legal
Marketing
Finance
Procurement
Compliance
Business Development
Commercial
Brand Management
Digital Marketing
Operations
Marketing Director
Chief Marketing Officer
Business Development Manager
Legal Counsel
Contract Manager
Marketing Manager
Agency Account Director
Finance Manager
Compliance Officer
Brand Manager
Digital Marketing Manager
Commercial Director
Procurement Manager
Marketing Consultant
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