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Marketing Agency Contract Template

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 the marketing agency contract 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.

Marketing Agency Agreement Template
Image Credits: maderal.co

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. Dispute resolution

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

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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