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A marketing agency contract or marketing agency agreement template is a legal document that cements the relationship between the digital marketer and the client. Regardless of the nature of the marketing agent agreement or business relationship, digital marketers are always advised to sign this essential document because this document acts as a protection for both parties.

This is because a free marketing agency contract template provides clear and specific details about the roles to be played by each party, what is to be expected by the client and when the digital marketer is to be compensated. The contract dictates how far the working relationship goes and how much work is agreed upon. It ensures that there is understanding and respect from both parties for a smooth working process. Marketing agent agreements also help avoid "project creeps" where one task morphs into many different functions that result in more work for which the marketer will not be compensated. 

You can easily find yourself doing more than you had agreed upon if you don’t have a clear marketing agency contract. As a freelance marketer, it becomes easy for some clients to take advantage of you and try to bombard you with other responsibilities that are not within what was agreed upon. A marketing agency contract dictates the boundaries within which a freelancer works and how much a client is expected to pay for all the mentioned services. Thus, with the marketing agency agreement template in place, both parties are guaranteed returns from the deal.

Marketing Agency Contract Template
Image Credits: template.net

1. Important elements of the contract marketing agency contract

Depending on the task at hand, a marketing agency contract or marketing agency agreement template can be a simple one-page document, or it could be 50 pages long. However, marketing contracts will share some common elements that cannot be ruled out regardless of the size of the document.

The marketing agency agreement should clearly state all the obligations and expectations towards forming a partnership. Ensure that the contract isn't giving room to loopholes that could work against you as a freelancer. Ensure that the contract identifies the parties that are bound by the marketing agency agreement template. Include all important details like contacts, email, physical address and more.

Another thing to note is that the language should be simple and understood by both parties. Writing the contract in a complex legal language will complicate the document for the client, and even lead to delays in signing it.

2. Cite the legal names and addresses of the parties on your marketing agency contract

First, the marketing agency contract should specify the parties the agreement binds. These details include the legal names of the businesses as well as their formal addresses. You can then assign particular tags like "client" and "contractor" after citing the legal business names first. This identification process mitigates any confusion as to whom the contract addresses. And it also ensures that in case of any conflicts or misunderstandings, legal action can be taken easily. Another important aspect of ensuring details are specified is to ensure payments and tasks are done in time. Thus, always confirm from the client these legal details before you create the marketing agency agreement template or marketing agent agreement.

3. Confidential information in your marketing agency contract

The process of signing a marketing agency contract involves the exchange of confidential information. It is, therefore, important to ensure that you clearly define what confidential information is and how it should be kept. Ensure that the client tells you what can be disclosed and what should be kept secret. This will help you to not only avoid conflicts, but it will help avoid legal consequences. Another thing to remember while drafting your marketing agency contract is that the confidential obligation should be mutual.

4. The marketing agency contract duration

It's always important to specify when the project starts and ends, as well as what constitutes the conclusion of the project. The marketing agency agreement template should highlight whether or not you will be working on a retainer or a fixed-term basis. If you are working on a retainer, it means that the marketing agency contract between you and the client is on a long-term basis for a fixed fee until the end of the contract. Retainers usually run on a set start and end date. On the other hand, a fixed-term contract means that you work for a specified period with a start and end date. It's also important to note that project plans don't always run according to the timelines specified in the contract.

Give details of whether the contract has renewal dates or not. This is something that you have to agree upon with the client so that they have the choice to renew or end the contract.

5. The scope of work for your marketing agency contract

The marketing agency contract should specify the exact services you are going to provide. To be on the safe side, your marketing agency agreement template should cover, marketing strategies, plans, creative concepts, timelines of work and more.

Stipulating the range of work has numerous advantages, the best being that it protects the digital marketer from "project creeps." The changing project scope means that there will be extra tasks which were not considered in the payment amount initially agreed upon, and therefore you will not be fairly compensated. The extra work will also slow the project down and potentially cause a breach of contract due to the extended project duration. When there is a breach in contract, so many things can go wrong. One of the many things that can go wrong includes your reputation being tainted. Misunderstandings happen when the scope of work is not clear, therefore for the sake of your freelance career, ensure things are specified. This is why it is essential to include a clause that clearly defines the scope of the work to be done in the marketing agency agreement template. Including this information gives you grounds to sue if the client fails to provide total payments even after you've delivered all that was expected of you as defined in the marketing agent agreement.

Keep in mind the fact that most conflicts that usually occur are mainly about the scope of work. Ensuring that everything is well detailed and specific will help both parties to avoid such unnecessary conflicts. Highlight what happens in case of additional work that is not mentioned in the marketing agency agreement template. Specify the payment that the client will incur in case they need additional work done. You can also mention how the client is to request for that additional work and how much you can charge. Remember to also mention whether you have the option to either decline to do the additional work or not.

It's important to specify the scope of work in the first two pages of the marketing agency contract, although the range can also be defined in different clauses within the same document. The scope should be as specific as possible. Some specifics include (but are not limited to the following):

  • What tasks were agreed upon?
  • What are your goals and how do you plan to go about it all?
  • What services are you providing and what is not part of the contract?
  • What are the tangible deliverables of the services?
  • What is required of the client? Ensure they are well aware and in agreement
  • In case of additional tasks to be done, are there any specifications on what happens?
  • How many revisions are allowed before overtime project fees are applied to the changes?

6. Cover dispute resolution in the marketing agency contract

Disputes are one of the main reasons why you as a freelancer must ensure that the marketing agency contract is carefully written. Therefore in your marketing template, ensure that there is a clause that dictates what both parties can do in case of disputes. Dispute resolution clauses can come in handy especially when you find yourself dealing with a petty client. Always prefer to start within an internal way of resolving disputes before anything else is done. You can appoint a mediator to help solve the issue. Disputes are very costly for any agency. And the worst part about disputes is that they are extremely expensive, stressful and the results are not guaranteed to be in your favor. Therefore, be careful as you draft the marketing agency contract to avoid disputes!

7. Termination of a marketing agency contract

When drafting your marketing agency contract, ensure that you stipulate when either party can decide to terminate the contract. Making the circumstances under which termination is allowed, ensures that no one is taken advantage of. You can plan your work effectively. It is important to state that contract can be terminated if there is a breach in the contract like failing to work as expected or failing to pay as agreed.

It is also important to state how notice is given and how long it takes after the notice for the contract to be terminated. It is also important to include which fees are payable on termination. Answer questions such as does the client pay you for work done up until termination or more? Will you be forced to refund any amount in case the client pulls out of the contract?

Some of the reasons that you can decide to include that are allowed to influence termination of the contract include

  • The client does not communicate instructions clearly
  • The client decides to hire one of your employees
  • You don't feel comfortable working with the client
  • The client falsely gives you any intellectual property that is not theirs

8. How to create an agency contract template

Once your freelance business really takes off, you may consider establishing an agency. Doing business with an agency with a previous client is pretty easy and fast to reach an agreement. But when it comes to first-time business relationships, most agencies often find it challenging to set the pace for work. It is exciting to land new deals or get new business connections. Your team is eager to start hands-on activities in delivering a quality service.

But before you get started, your agency needs to take a pause and ensure that a solid agency service agreement is written and signed. The question that comes to mind is, "how do you protect your agency in the business relationship" while you keep the momentum alive with your newly found client?

Marketing Agency Contract Template PDF
Image Credits: rpemery.com

There are a few other questions to answer before drafting a binding agreement. You need to know what the document should include to offer you full protection and what it must say to avoid landing your agency into trouble mid-way.

Before we discuss the elements of a binding agency service agreement, let’s talk about when such an agency agreement is needed in a business relationship. 


In other words, you can subcontract people to do work for you, and you get part of the payment in exchange for finding the clients.

But if you have an agency, you have to be sure that your employees are performing the work you want them to, and you want to protect yourself by making sure your clients are crystal clear on what work is being done - and not being done. That’s also true if you work for an agency.

So having a standard agency contract is important. By clearly outlining the roles and responsibilities, you can ensure your agency will be successful. Having access to an agency contract PDF will make it easy to get started on new work, and will ensure consistency among all the contracts of the agency.

Whether you use a professional service for the administrative parts of your freelance business, or you build your own template, there are 9 key points to know about your agency contract PDF.

8.1. Make sure you have a marketing agency contract

Just because you’re now part of an agency, or running one, doesn’t mean you don’t need to have contracts with clients. Let’s say you have a client for which you do regular work, even on a retainer basis. You may feel that a good working relationship is enough, and a contract isn’t necessary.

It is. Make sure you have an agency contract with any client, big or small, and for any kind of work, complex or simple. A contract protects both parties, and your agency. And, it ensures that you only have to do the work outlined in the contract, preventing scope creep or debates about what work remains to be done. It also makes sure all your freelancers are following the same guidelines.

A contract also signals to your clients that you run a professional organization, and is likely something that most clients will expect when working with you.

8.2. Build the agency contract PDF template

Start with a standard template that you can use any time you take on new clients or new work. 

To do that, create an electronic version of a template that can easily be edited, and then converted to PDF before sending to the client. This also makes it easy for anyone in the agency to access the template, even if you have remote workers in various locations. 

8.3. Define the purpose of the marketing agency contract

An agency contract PDF creates a legal agreement between your agency and the company for which you’ll be performing work. Include a standard section that outlines the rights and responsibilities of each of the parties to the contract, and any relevant details of the partnership.

For instance, if your agency will be taking on a social media marketing campaign on behalf of a client, state that as the purpose of the agency contract. 

8.4. Include standard sections in the marketing agency agreement template

There will be certain sections that will be part of every contract, so build them into a template that can be reused. 

Sections such as client name, address and contact person, duration of the contract, agency name and contact information, are all examples of sections that would appear in any agency contract. 

8.5. Clearly define the “subcontractor” in all marketing agency contracts

In most freelancer contracts, you agree to doing the work yourself, so there is often a clause stating that the work cannot be subcontracted

But in the case of an agency, that’s exactly what you’ll be doing.

So build a clause into your agency contract PDF that spells out who will be doing the work. Perhaps you list a specific freelancer, or several freelancers, or you state that the work will be done by the agency. That way, the work can be handled by anyone in the organization, and it’s the responsibility of the agency to assign the right person for the job.

8.6. Create a section for scope of work in the marketing agency contract

The actual work you’ll perform for a client can be developed in a separate document and added to the contract template. 

Or, include guidelines in the template for anyone to update, including:

  • What work you’ve agreed to do for the client
  • Deliverables, including timelines and payment schedules
  • Any expectations of the client

You may also want to include terms by which additional work would be done, including additional payment for work beyond the original contract.

8.7.  Add relevant terms to the marketing agency contract template

Your agency contract PDF should include terms that would be part of any agreement.

Examples include provisions for ownership of intellectual property at the conclusion of the contract; confidentiality clauses; a termination clause; and late payment terms.

By having these non-negotiable terms saved permanently in an agency contract PDF, you’ll ensure everyone in the agency includes them when taking on new work.

8.8. Insert signature lines in the agency contract template

A contract is binding once both parties have agreed to it and signed it. So your agency contract PDF should conclude with a section where the client and a representative of your agency can both sign it.

And don’t worry about getting a PDF  signed, since there are ways to electronically sign PDF documents, making life simple for remote workers. You don’t have to require the client to print off the agency contract PDF, sign it, scan it and send it back. 

In fact, consider including information on how to electronically sign a PDF as part of your agency contract PDF, or as a link below the signature lines.

8.9. Consider a supplemental guide to the marketing agency contract

Everything included in your agency contract PDF may be clear to you, but that may not be the case for the freelancers who work for you.

Having a guidebook that accompanies the contract would help everyone understand each section of the document.

For instance, a guide would provide information on what should be included in the scope of work, so that everyone in the organization follows the same format when building a contract.

8.10. When should you use an agency service agreement?

You need an agency service agreement when you are newly engaging with a client in a business relationship. The agreement serves as the contract between your agency and a client, and it provides the road map for a successful relationship.

We recommend that your agreement should be flexible enough to incorporate your statement of work, agency proposal, and scope of work. An agency service agreement should also state with the following:

  • The responsibilities of each party and what happened if a part default in carrying out a responsibility.
  • The work to be done and compensations involved.
  • Liability, insurance, and financial obligation of the parties involved.

What sections should an agency service agreement include? An agency service agreement should have summary information on each of the following:

8.10.1. Scope of work section of a marketing agency contract

This section talks about the scope of the project or statement of work (SOW). Your agency should list the deliverables and what the client should expect upon project completion. 

8.10.2. Mention compensation & billing methods in the marketing agency contract

Give clear information about your pricing models and policies. To break down your fees into sub-tasks that you have listed and include your billing model if you charge a flat fee or uses an hourly billing plan.

Marketing Agency Contract Template Sample PDF
Image Credits: templatelab.com

8.10.3. Terms of a marketing agency contract

Include your agency terms and condition for the engagement. Also, Remember your agency can’t enforce late payment charges and interest if you have not added the necessary clauses. Every agency needs to come up with its sets of terms and conditions of a successful consulting career

8.10.4. Include intellectual property ownership in the marketing agency contract

It is wise to include a clause in your agency service agreement that states that your agency retails the right to the intellectual property you create until your client pays for them. Also, you may state that unaccepted intellectual property right reverts to your agency, and the reserves the right to add the work to the portfolio of projects for personal promotional activity. 

8.10.5. Confidentiality information in a marketing agency contract

Both your agency and client need to make confidentiality commitment if applicable and must appear in the agency service agreement. You may also want to know if your agency can service other clients or organization while still working with the current client and purposely addressed. 

8.10.6. Limitation of liabilities & indemnity for the marketing agency contract

Ensure there is a clause that talks about your agency's legal liabilities to the client when performing your services to meet the goal of the project. 

8.10.7. Insurance in a marketing agency contract

Ask questions about insurance and know if clients want some level of insurance coverage from your end. State the type of insurance and the level/limit of coverage of your agency in the agency service agreement.

9. How to create an advertising agency agreement template

According to the Entrepreneur, advertising refers to drawing the attention of the general public towards a new business, product, or service through various digital, print, and broadcast media channels. Advertising is a great medium to attract new clients, retain the old ones, market new products or services, establish a brand image, and develop customer relationships. 

While ad machines like Google can get your business on the digital map, you will still need the services of an ad agency. Thus, before you start working with the agency, it is essential to sign an advertising agency agreement.

Marketing Agency Contract Template Example PDF
Image credits: pinimg.com

Like most agreements, an advertising agency agreement manages expectations at either end. It erases any future misunderstanding or miscommunication and ensures that the ad agency and the client enjoy a fruitful relation.

An agency agreement template can be used when one party is to act as an agent, marketing or selling the products, goods, or services of another party (known as the “principal”). This is done in exchange for a retainer fee or commission payments — or sometimes both.

The agreement is also known as a commission agreement or a sales agent agreement. 

9.1. Why use an agency agreement template?

Using a template is a fast and simple way to tailor the agreement to your circumstances. You might be dealing with a specific territory in which you will market or sell the goods or services for the duration of the contract. This can range from a city to a county, country, continent, or worldwide, depending on the nature of the agreement.

It’s down to the principal to decide on the territory, however as an agent, it’s a good idea to include this in your own agreement to ensure that your responsibilities are clear from the outset.

9.2. What else is included in an agency agreement template?

Your template should include the following:

  • Interpretation of the agreement
  • Terms of the agency agreement
  • Duties and responsibilities of the agency
  • Duties and responsibilities of the principal
  • Commission structure (if applicable)
  • Fee structure (if applicable)
  • Data protection
  • Dispute resolution
  • Termination

Here are some tips for creating a solid agency agreement template: 

9.3. Define the relationship between the parties in the marketing agency contract

When creating an agreement template, it’s important that you’re crystal clear on the working relationship. An agency agreement is not the same as an employment contract, so this must be made apparent throughout. 

An employer/employee relationship comes with additional benefits. This will typically include workers' compensation, paid time off, and/or health care benefits. 

An agency relationship, on the other hand, will not contain such benefits. These types of agreements will usually last for a shorter time period and have their own duties and responsibilities outlined in the contract.

Make sure you clarify this in order to avoid being treated as an employee of your client’s business without receiving any of the benefits.

9.4. Detail payment terms up front using the marketing agency contract

Just as it’s important to define the working relationship, it’s also vital that you detail how and when you are paid. 

It doesn’t matter if you’re operating under a fee structure or commission, or a mixture of both, you need to include this information so that you have recourse to enforce the agreement if your client does not pay on time, or at all. 

Be precise with your language. Avoid ambiguity at all costs, especially when it comes to payment. Always use specific dates and amounts where possible. 

9.5. Make sure targets are included in the marketing agency contract

It’s a good idea not to discuss and agree upon targets and expectations outside of the agency agreement. Get it in writing, and get it in the document you’ll both be signing. 

Doing so will make for a far smoother working relationship; one where you can still be held accountable, but you don’t have to worry about the goalposts being moved at the last minute. It’s every sales agent’s worst nightmare — meeting their target only to have the client push back and insist the real target was much higher. 

At the end of the day, an agency agreement template can help you outline the expectations of both parties before the relationship actually begins. And with an agreement in place, you’ll know that even if things do go wrong, both parties will be covered by important sections of the agreement, including dispute resolution and termination.

Follow these tips when creating your bespoke agency agreement template and you’ll enjoy a straightforward and happy client relationship.

10. Important parts of an advertising agency agreement template

Following are some of the key elements of an advertising agency agreement:

10.1. Retainer marketing agency contract

A typical advertising agency agreement states that the client is retaining the services of the advertising agency. It outlines its creative work requirements, product and services that are to be rendered, and the medium of advertising. This section may also include the client’s advertising goals and any other additional services such as public relations and market research.

It may also stipulate the duration of the contract and the date from which it comes into effect. Retainers also contain a clause that the client cannot hire any other advertising agency while the current agreement is in effect. 

Once the advertising agency agreement expires, the other advertising agency can compete for the contract. The advertising agency agreement must also contain general fees, retainer fees, billing procedures, and commissions.

10.2. Mention confidentiality in the marketing agency contract

Given that advertising involves creativity, it is essential to maintain confidentiality and respect intellectual property rights. Hence, the advertising agency agreement must contain a “non-compete” clause so that either party will refrain from revealing any trademarked content or proprietary information to their competitors.

At the same time, there should also be clarity on the creative and approval processes in order to avoid conflicts. Outlining the process and expectations in the initial stages of the project ensures that the client and advertising agency are both on the same page.

10.3. Cover refinement and research in the marketing agency contract

When dealing with print ads, online banners, or television spots, advertisements are first tested with the target audience before they are published for the general public. Accordingly, the advertising agency must carry out research and refine the advertisements to ensure that the advertising efforts stay on track. Advertising agencies can include a clause in the advertising agency agreement wherein they can define the number of revisions and edits that they are willing to make at no extra cost.

10.4. Mention deadlines in your marketing agency contract

Advertising is a highly dynamic world. Thus, advertising projects can be time-bound and deadline-sensitive. If an advertising agency commits to delivering an ad by a certain date, they must meet it. Otherwise, it could result in the loss of revenue to the client. At the same time, the client must also agree to provide all the necessary materials and inputs for creating the ad. The advertising agency agreement must define penalties for failure to meet such obligations.

With these clauses in your advertising agency agreement, you can be sure that the roles and responsibilities are clearly spelled out. Bonsai contains a variety of advertising agency agreement templates for you to choose from. Simply download, edit, and sign to get started!

Conclusion

As you work with the same client on several projects and build a trusting relationship, you might be tempted to reduce the formality and omit some clauses from the marketing agent agreement. However, you should resist this. No matter how friendly you get with the client, ensure that you maintain professionalism which includes working within a marketing agency contract. Friendship should not be allowed to compromise professionalism. Having a professional stand throughout your interaction will help your freelance career to prosper. 

Ensure that you include all the critical clauses, including provisions on how premature termination of the agreement will be done to protect your interests in case of any disagreements. The marketing agency contract is meant to protect both parties thereby making it a document based on mutual understanding. It is important to work together with the client every step of the way. 

Ask as many questions as possible to ensure that all information on the marketing agency agreement template is as required. As a freelancer you will be safer with a properly drafted marketing agency contract to protect your interests.

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