Professional Marketing Agency Contract Samples & Downloads

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Relationships are key to the success of a marketing agency, and protecting those relationships with contracts is crucial. Without a contract, both the agency and the client are left open to misunderstandings and even litigation.

Read our guide because it dives into the importance of comprehensive marketing contracts, and looks at how templates can be the key to creating streamlined agreements.

We cover:

  • What a marketing agency contract template is
  • How a comprehensive marketing contract can benefit you
  • What to include when writing a marketing contract
  • Advantages of using a template from a site like Bonsai
  • What to watch out for when customizing your contract template
  • Frequently asked questions.

What Is a Marketing Agency Contract Template?

A Marketing Agency Contract Template is a document that acts as a scaffold to define the terms of a business relationship between a marketing agency and its clients. A marketing agency contract template is tailored for marketing services and defines the responsibilities and obligations of both parties.

It makes sure everyone understands what services will be provided, the compensation required for the services, and the duration of the entire marketing agreement.

Using a template hugely streamlines the process of creating a contract, and also reduces the risk of missing out on something essential. A template typically outlines the scope of agency services, which include advertising strategies, branding, and social media marketing.

The template will also include details regarding payment terms and binds both the agency and client legally. Payment terms could include things like how profits will be shared, and processes for bonuses.

A template often includes confidentiality clauses, which protect intellectual property rights, and may include non-compete clauses. The template also makes sure liability waivers and warranties are laid out and gives examples of remedies in the event of contract breaches.

The ideal template is designed to be customizable to the needs of the agency and the client. They are legally binding documents and utilize the signatures of both parties to consent to the terms provided.

There are many examples of contract templates available, and one of the most comprehensive providers is Bonsai! We offer a huge range of contract templates, including this Digital Marketing Contract Template and this Branding Contract Template.

Benefits of a Superior Marketing Agency Contract

A comprehensive, well-designed marketing agency contract has many benefits — it underpins the success of a client and agency business relationship, ensuring everyone is protected and there are no misunderstandings.

Before you begin writing your contract, there should be a negotiation period where both you and the client make representations regarding your expectations.

Clearly Defines Expectations

A good marketing contract clearly defines expectations — this can include the goals, steps to be taken, and expected outcomes of the marketing campaigns. Clearly defined expectations provide a point of reference against which to measure performance and task completion. It ensures both the agency and client are on the same page right from the beginning of the agreement.

Outlines the Responsibilities of Both Parties

When each party understands their responsibilities and expectations, the workflow can proceed smoothly. A good contract will outline the agency’s duties, which can include managing social media accounts, creating advertising strategies, or coming up with marketing materials.

The client’s responsibilities can include providing tools, equipment, and resources to achieve the desired outcomes. The client can also be required to provide feedback on how the work is proceeding.

If there is an expectation for either party to undergo training or share their expertise and experience, the contract should clearly state this. Having clearly defined expectations ensures that collaboration avoids misunderstandings.

Protects the Interests of All Involved

Protecting interests is key for both the client and the agency. A stellar contract includes provisions for confidentiality, non-disclosure, and intellectual property rights. This ensures trade secrets, trademarks, and copyrights are protected. The contract should also include a section that spells out liabilities, warranty, and indemnification policy.

Builds Trust and Helps Build a Good Working Relationship

A contract that includes clear terms and obligations increases trust between both parties. It demonstrates that the agency and the client are both respectful of the other’s roles and are committed to the business relationship.

Outlines the Proper Avenues for Termination

The ideal marketing contract includes the terms for termination, and what will happen in the case of a breach of contract or other certain conditions.

Clearly state that your contract can be terminated under certain conditions, and specify them. A termination clause protects from legal conflicts and provides a process to follow if parting ways becomes necessary.

To ensure your business is protected, try one of Bonsai’s comprehensive contract templates, like this Marketing Consultant Template! Download one today, totally free, to get started!

Essential Components of an Effective Marketing Agreement

So, what should an effective marketing services agreement contain? We break down the key aspects of a comprehensive contract.

Services Provided

This section outlines the marketing services that the agency will provide to the client. It can include details of marketing strategies, social media campaigns, and marketing materials. This section forms the framework of the agency’s work and outlines the scope of agency services.

Payment and Fees

Clearly listing payment terms and fees is essential to avoiding disputes. The ideal agreement specifies payment terms, which include amounts, invoices, and payment schedules. The contract should also specify how expenses and costs can be claimed, and include a section for how to address revisions to fees and payments in case there are changes to the scope of the project.


The termination clause includes clear details on how the business relationship can be ended. It should include notice periods, obligations, extenuating circumstances, and any ongoing obligations upon the closure of the agreement.

Confidentiality and Non-Disclosure

This section is vital for protecting everyone’s information! Confidentiality and non-disclosure provisions protect both parties’ trade secrets, business plans, and customers’ data. If a lot of people are involved in the project, such as a whole team of workers, everyone involved in the project must sign a nondisclosure agreement.

Relationship Between Parties

The agreement can be used to clarify the nature of the business relationship. It should clearly state whether the agency is being engaged as an independent contractor, subcontractor, or in another capacity. This section is essential as it has an impact on taxes, liability, and other legal considerations.

Intellectual Property Rights

This part of the contract governs who owns the creative work that may be produced as part of the collaborations. Intellectual property rights should be clearly defined to clarify ownership of content, logos, and other promotional products.


In some cases, the contract will include an exclusivity clause, which will define whether the agency is restricted from providing similar marketing services to competitors.

Limitation of Liability

This section sets a cap on the liability for damages or losses that either party will have to pay if there is a failure to meet the terms of the contract. It protects both parties in the event of unforeseen circumstances.


A severability clause is designed to ensure that if one part of the contract is found to be unenforceable, the rest of the agreement is preserved and remains in effect.

Entire Agreement

This part of the clause states that the written contract template is representative of the entire agreement between the client and the agency and that it takes precedence over any prior agreements or verbal discussions.

Things to Include When Writing a Marketing Agency Contract

Identify the Parties Involved

Begin the document by identifying all parties involved. This could include the client, the agency, a company or business, and any contractors involved. Include the name, title, and address of each party in the contract.

Ownership and Intellectual Property

In this section, clearly state the ownership of any trademarks, copyrights, patents, or content created during the term of the contract. Make sure this section includes language that protects intellectual property rights and states how the intellectual property will be handled in the event of a termination.

Confidential Information

Every marketing contract template should include a confidentiality clause that requires a period review. This means that confidential information and trade secrets stay protected from being disclosed to a third party.

Contract Duration and Deadlines

State the duration of the agreement, including the start date and end date, and any deadlines within the timeline of the contract, such as for specific tasks or deliverables. This section provides a clear timeline for project completion, ensuring everyone is on the same page.

Scope of Work

This component is tailored for marketing services and details deliverables and timelines. It can include details of projects, campaigns, strategies, or action steps that will be performed.

Dispute Resolution and Liability

It’s important to outline the methods for dispute resolution in the case of disagreements, such as arbitration and mediation. This will hopefully prevent any court actions from occurring. Make sure this section defines the liability of each party in the event of a breach.

Payment Information, Budget, and Pricing

In this part of the contract, detail fees, payment schedules, expenses, and revenue expectations, as well as how compensation will work.

A contract template can be particularly useful for making sure you include all relevant details for your circumstances — for example, this Lead Generation Contract Template has all the details necessary for crafting a comprehensive contract for a lead generation agreement.

Signature and Date

Every contract should include space for both parties to sign and date — this binds both the agency and the client to the contract terms. The documents can either be digitally signed online, or printed out and signed in person.

Advantages of Using a Marketing Agreement Template

There are several advantages to using a template when drawing up a marketing agreement. These include:

Simple to Use

When you use a template, you’ve got an easy starting point to create your contract. It takes all the guesswork out of drafting contracts — you know it covers all essential provisions, causes, and terms. Templates are user-friendly and are particularly helpful for small companies who may not be able to afford a lawyer to review all their contract writing.

Quick and Streamlined

Time is critical for businesses, and a marketing agreement template helps you save time that could be spent on growing your businesses and doing paid work. It allows both parties to move on with the agreement quickly.

A template contains all key sections and has legal jargon already in place, so you have the chance to focus on tailoring the agreement to fit the project or partnership in question.

Easily Customized

Every agency and client is unique, and that is why it is so important that templates can be customized. All Bonsai templates are easily customizable, so you can make sure they fit the needs of your business. Whether you want to use the contract for social media marketing agreements, branding, or advertising campaigns, the agreement can be changed to accommodate your preferred goals, strategies, and deliverables. You can also edit details such as scope of work, fees, and payment terms to suit your preferences.

Still not sure if a template is right for you? Why not just give one a try? Bonsai has a huge range of templates, specialized for a wide range of marketing services. Try the PR Contract Template, the Social Media Contract Template, or the Client Contract Template — there’s something to suit every situation!

Things to Watch Out for When Editing a Marketing Agreement Template

When editing your contract template, make sure you consider the following aspects:

Clear and Precise Terms with Minimal Ambiguity

A contract needs to avoid ambiguity wherever possible, as it can lead to misunderstandings and even disputes and litigation. Make sure everything is crystal clear, including provisions related to expenses, scope of work, and compensation. Make certain your document outlines the responsibilities of all parties with clear language.

Accurate and Up-to-Date Party Information

Check thoroughly that all information about the client and agency in the document is verified and up to date.

This includes names, titles, addresses, and contact details. If these are wrong, it can lead to a breach of the agreement and can even cause issues surrounding enforcing the terms of the contract. Correct information also ensures any notices or other communications are received.

Compliance With Relevant and Current Laws and Regulations

Ensure the contract complies with state and federal governing laws. This should include laws surrounding marketing practices, intellectual property rights, confidentiality, and data protection. Ensure all disclaimers, warranties, and indemnification clauses are carefully scrutinized to ensure the contract is legally sound in your jurisdiction.

Frequently Asked Questions
Questions about this template.

Why Do Marketing Agencies Need Contracts?

Marketing agencies need contracts for a variety of reasons. Contracts formalize the scope of work, responsibilities, and expectations for all parties in the agreement. They also form a binding agreement that outlines agency services, specifies payment terms, and states deliverables. This makes certain that the risk of misunderstandings is reduced. A contract also provides remedies in case of a breach, which supports agencies in avoiding litigation.

What Are the Legal Implications of Not Having a Marketing Contract?

Not having a marketing contract leaves all parties involved open to disputes surrounding misunderstandings of obligations, services, or payments. Without a contract, it’s hard to enforce payment terms, and there can also be disputes about ownership of creative work, including intellectual property. Without a contract, there are also no non-disclosure provisions, which can lead to the unauthorized disclosure of information.

A marketing contract should be reviewed and updated regularly, or when there are significant amendments. These updates could include business operations, marketing strategies, or updated laws and regulations. A contract requires periodic review to make sure all the terms are still relevant and that they still offer protection for all parties.

A marketing contract should be reviewed and updated regularly, or when there are significant amendments. These updates could include business operations, marketing strategies, or updated laws and regulations. A contract requires periodic review to make sure all the terms are still relevant and that they still offer protection for all parties.

Template preview

Professional Marketing Agency Contract Samples & Downloads

Marketing Agency Contract

Marketing Agency
First Name
Last Name
Acme LLC.
First Name
Last Name
Corporation Corp.

This contract (hereinafter referred to as the "Agreement") is entered into by and between Acme LLC (hereinafter referred to as the "Agency") and Client (hereinafter referred to as the "Client", collectively referred to as the "Parties"), both of whom agree to be bound by this Agreement.


This Agreement shall be effective on the date of signing this Agreement (the "Effective Date") and will end on [END DATE OR "under the work is completed"].

Upon the end of the term of the Agreement, this Agreement will not be automatically renewed for a new term.


The Parties agree that the Agency shall perform the following services (hereinafter referred to as the "Project"):

  • Produce customized marketing services and plans that aligns with the Client's unique business needs.
  • Search Engine Optimization (SEO), Search Engine Marketing (SEM), Website Strategy, Social Media Marketing, Email Outreach, Retargeting Campaign Design, Content Generation and Optimization, Quality Link Building, and Affiliate Marketing.

The Client agrees to compensate the Agency an amount of [HOURLY RATE] per hour and the Agency agrees to invoice the Client for the total amount of hours worked at the end of each [WEEK/MONTH].

The Agency reserves the right to increase or decrease the amount billed with written confirmation by both Parties in the event of changes to the original Project scope. The Parties agree that in the event that the invoices are not paid within thirty days of receiving them, the Agency will be entitled to charge a late fee of [LATE FEE]%.

  1. Provide a clear and specific request regarding the details of the Project.
  2. To collaborate with the Agency and provide any insights that could prove useful for new marketing initiatives.
  3. To pay the corresponding invoices in the proper time.
  1. To progress the Project initiatives from start to finish while striving to achieve the Client's marketing goals.
  2. To submit regular reports to the Client regarding Project updates.
  3. To provide marketing tools and/or strategies to help grow the Client's business.

The Parties each agree to indemnify and hold harmless the other Party, its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from the negligence of or breach of this Agreement by the indemnifying party, its respective successors and assigns that occurs in connection with this Agreement.

This section will remain in full force and intact, even upon the termination of the Agreement or the early termination by either of the Parties.


This Agreement shall be governed by and construed in accordance with the laws of the United States of America.

The Agency is an independent contractor. Neither Party is an agent, representative, partner, or employee of the other Party.

The Parties understand this Contract is not an exclusive arrangement.

The Parties agree that they are free to enter into other similar agreements with other parties.

The Agency agrees that they will not enter into any agreements that conflict with their obligations under this Contract.


The Agency hereby assigns to the Client all rights, including, without limitation, copyrights, patents, trade secret rights, and any other intellectual property rights associated with any ideas, concepts, techniques, inventions, or works of authorship (the "work product"), developed or created by the Agency, solely or jointly with others, during the course of the Project for or on behalf of the Client or any affiliate of the Client, or the predecessors of any such entities.

Without limiting the foregoing, to the extent possible, all software, compilations and other original works of authorship included in the Project's will be considered sole property and owned by the Client. If, notwithstanding the foregoing, the Agency for any reason retains any right, title or interest in or relating to the Project, the Agency agrees to assign, in writing and without any requirement of further consideration, all such right, title, and interest to the Client.

The Client gives the Agency permission to use the work product as part of portfolios, websites, in galleries, and in other media, so long as it is to showcase the work product and not for any other purpose.


This Agreement is ongoing until it expires or the work is completed. Either party may end this Agreement for any reason by sending a written notice to the other party. The Agency must immediately stop working as soon as it receives this notice, unless the notice says otherwise.

If either party terminates this Agreement before the work is completed, the Client must pay the Agency for the work that has been already completed and will reimburse the Agency for any agreed-upon, non-cancellable expenses.


Any dispute or difference whatsoever arising out of or in connection with this Agreement shall be submitted to arbitration, mediation and negotiation in accordance with, and subject to the laws of the United States of America.


The Parties agree that any amendments made to this Agreement must be in writing, where they must be signed by both Parties to this Agreement. Accordingly, any amendments made by the Parties will be applied to this Agreement.


The Parties agree not to assign any of the responsibilities in this Agreement to a third party, unless consented to by both Parties in writing.


This Agreement contains the entire agreement and understanding among the Parties to it with respect to its subject matter, and supersedes all prior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to its subject matter. The express terms of the Agreement control and supersede any course of performance and/or usage of the trade inconsistent with any of its terms.

This Agreement is legal and binding between the Parties as stated above. The Parties each represent that they have the authority to enter into this Agreement.


The Agency will not provide services, undertake any project, nor any kind of work for a direct competitor of the Client until this Agreement is terminated without written authorization from the Client.

For the purpose of this Agreement, a competitor would be defined as any third party that, currently or potentially, develops, manufactures, promotes, sells, licenses, distributes, provides, or is related in any direct or indirect manner, products or services that are substantially similar to the Client's products or services.

If the Agency has employees or subcontractors, they will also be completely and fully bound by the provisions contained in this clause.


This Agreement contains special restrictions regarding how both Parties must handle confidential information. While the duration of this Agreement, the Agency may come across, or be given, Client information that is or may potentially be deemed as confidential.

The Agency is obliged to treat all Client's information as confidential, using it to secure the execution of the Project.

The Agency is not allowed to use the information provided by the Client for any other unauthorized purpose, unless the Client gives the Agency written authorization to use the information for another purpose.

The Agency will not share confidential information with a third party, unless the Client gives written authorization to do so, or if the Agency is obliged by any competent public authority.

The Agency must continue to follow these obligations even after the termination of this Agreement.

Information provided by the Client will not be considered confidential if: (i) the information was already public when the Agency came across it; (ii) the information became public after the Agency came across it, but not because of anything the Agency did or didn't do; (iii) the Agency already knew the information when the Agency came across it and the Agency didn't have any obligation to keep it secret; (iv) a third party provided the Agency with the information without requiring that the Agency keep it confidential; or (v) the Agency created the information on its own, without using anything belonging to the Client.


If any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain in force in accordance with the Parties' intention.


The Parties hereby agree to the terms and conditions set forth in this Agreement and such is demonstrated by their signatures below:

Marketing Agency
First Name
Last Name
Acme LLC.
First Name
Last Name
Corporation Corp.