Marketing Contract Template
Looking for a Marketing Contract template? Our team has drafted a simple, easy to understand, and easy to customize Marketing Contract template. Download the contract ( in Word or PDF) and save your precious time in Marketing business.
Free Marketing Contract Template Samples
To help you grow your business we have made a quite simple yet reliable Marketing Contract template in Word and PDF versions so you can use it repeatedly.
- Scope of work
- Confidentiality
- Dispute resolution
What is a marketing contract or marketing services agreement?
To understand what a marketing agreement is, we first must define the role of a marketing professional.
A marketer helps clients by creating promotional materials for their products and services. Marketing services include but are not limited to, making brochures, websites, advertising, pamphlets, and sales letters.
A marketing agreement is a document that sets forth the terms and conditions for which a marketer assists clients with their marketing activities.
Why is the marketing contract important?
Having a marketing contract creates clarity and confidence between the marketer and the client.
As a marketer, an agreement template helps you define your offerings, forecast sales, and set expectations with your client.
Conversely, as a client, a marketing agreement helps you to understand what services you can expect and when.
More importantly, a marketing agreement acts as a point of accountability for all parties involved, making for a productive business relationship.
A marketing contract is a great way to make everything clear between both parties in order to avoid miscommunication. Such an agreement is a good idea for the following situations:
- You need a marketing professional or firm to promote your products and/or services.
- You’re a marketing professional being hired to promote goods and services.
The product maker/business wants to make sure the brand is represented to be consistent with the company’s vision.
What are the types of Marketing contracts?
Although the marketing context is plainly there, let it first be known that there are some contract types listed that can also be used for purposes beyond that of marketing. Be sure to take a close look at each one below and see for yourself just how they can be used for marketing and why they are considered useful.
- Client or agency service agreements: This is a contract that defines the relationship between marketing consultants and agencies, among others, with their clients or customers. It will explicitly state what is expected between the two parties, including all the specific responsibilities that are involved in this particular transaction. Like the other marketing contract types, this will be set over a specified time period.
- Brand sponsorships: This is the type of contract or agreement that will govern what legal relationship exists between the sponsor and those who are entitled to enforce a sponsorship obligation. Generally, it comes with certain terms and conditions that detail services for a certain fee. Issues that tend to arise from this type of contract would include how the benefits are defined to the sponsor, the amount of the payments due, the circumstances in which the logos or trademarks of the sponsor are to be displayed or used, and whatever rights each party has, including the termination clauses.
- Intellectual property: Although this is not necessarily exclusive to marketing, an intellectual property contract may be involved when it comes to the creation and subsequent marketing of a business’ original concepts. By definition, this would be the category of proper which includes intangible creations of human intellect. Specific examples here would be any trademarks, copyrights, patents, and trade secrets. Having this on hand is crucial to differentiate your many products and services from the competition whilst simultaneously make them much easier to recognize.
- Celebrity endorsement: For those of you who are on the lookout for a well-established method regarding brand promotion, then it does not get any bigger than celebrity endorsement. This is known to bolster a brand’s bottom line significantly when successfully used. However, it is worth looking into the litany of legal and commercial issues which any brand owner needs to navigate, therefore necessitating the use of a celebrity endorsement contract. To that effect, here are some specifics that one can expect from such a contract: exclusivity obligations to prevent the association of celebrities with competing products, specific termination rights, brand damage mitigation measures in the event of severely misbehaving celebrities, and any trademark or intellectual property rights that are involved.
- Influencer agreement: Similar to celebrity endorsers, collaborating with influencers can be a strong marketing tactic that can see the rise of brands from the pit of obscurity. An influencer agreement can ensure that any attempts at this kind of marketing will be protected by the law and any risks involved can be minimized greatly. In this document, you would do well to define the specific influencer content, create an implementable social media policy, establish particular guidelines, and ensure the right for the marketer to review any content put out by the influencer.
- Supplier agreement: This would be the contract that seals an agreement between vendors and a specific business. In this case, the vendor is the one agreeing to supply certain services or products. A contract like this is likely going to be closely involved in any business’ marketing efforts because of the services and products to be marketed by the business. With this in place, said products can be expected to be continuously supplied by the vendor over a specified time period, with the failure or neglect to do so being punishable by law.
- Data privacy policy: A data privacy policy is the legal document that is used to disclose either some or all the ways a specific party gathers, utilizes, discloses, and manages the data of their client or customers. In the context of marketing, this refers to the sensitive data that is shared between the marketing firm and their client. For those who are looking for specific examples, you need not look further than the names of the people involved, their addresses, their date of births, contact information, marital status, financial records, and more. In addition to all of that, it can also extend to their intellectual property, trade secrets, and any other sensitive information that can be shared with business partners or even sold to any other firm or competitive enterprise.
Important Terms
What are the elements of a marketing agreement?
The goal of your marketing agreement is to be sure it is enforceable. You should also include as much detail as possible as to each party’s responsibilities.
- Parties to the Agreement – Both the service provider and the client should be properly identified.
- Short description of what the industry the Client is and a short description of the product or service they provide.
- Scope of Work – The services the marketer is to offer should be included in the agreement. It should be as detailed as possible. The scope should define what marketing campaigns the service provider is responsible for and designate any other relevant tasks. The Client may also have some responsibilities that should be listed in the agreement.
- Confidentiality – It may be necessary that either the client or marketing professional disclose confidential information, proprietary information, or trade secrets throughout the course of business. Each party should honor each other’s confidential information. Sometimes a marketing agreement is paired with a separate confidentiality agreement or non-disclosure agreement (NDA).
- Dispute Resolution – If a dispute under the marketing services agreement should arise, it is important to incorporate dispute resolution provision, so the parties understand how to resolve a dispute before engaging in legal action.
What are the most effective ways to use a marketing contract in client interactions?
As a marketing professional, you often need many touch points with a prospective client before they’re comfortable contracting you for your expertise.
While your marketing agreement is a formal document, there are some ways to leverage your contract to help secure more clients.
To explain what we mean, let’s look at an example of the various touch points you may have with a prospect, in the client intake process.
- Respond to inquiry
- Book consultation
- Initial client consult
- Send proposal and invoice
- Follow up
- Send receipt
- Confirm the project start date
- Project commences
Let’s highlight steps three and four, where you have a client consult and send a proposal. These are perhaps the most critical moments in your client interactions as it’s where you get to know the client and make suggestions for how they can achieve their goals.
A proposal is your opportunity to pitch your value. However, adding a marketing agreement to your proposal puts your money where your mouth is. It’s a chance for your client to see what results you think are achievable, so much so, you’re willing to sign a contract based on your claims.
A marketing agreement also challenges you to get as much information as possible in your client consultation. You need to ask the tough questions around budget and your fees, which makes the whole process more transparent moving forward.
Frequently Asked Questions
FAQ about our Marketing Contract Templates
We recognize that your contract layout conditions may need to be changed to be in line together with your client’s needs. That’s why we have made Contrat in Word format as well so that you’ll be able make adjustments as you like. If you want to make important changes to the template, we propose you to get help of a lawyer or conveyancer to make sure you still have protection.
