Definition of a Marketing Agreement
A Marketing Agreement is a written agreement for marketing services between two or more parties. The specific marketing services covered under the Agreement would be defined in the Agreement. Most companies entering into marketing agreements are looking for outside services to be provided to them usually in the promotion sector of the marketing discipline.
Promotion encompasses services from Advertising, Public Relations, Media planning and buying, Sales Promotion, or Marketing Research firms or consultants. The marketing agreement would outline services to be rendered as well as specific detailed obligations under the agreement in a number of areas.
Like any legal agreement, the parties’ company names, dba (doing business as) names, and full addresses should be included in the opening paragraph of the agreement. This paragraph might also include language that notes the date that the agreement was entered into.
Under a marketing services agreement, deliverables expected from the agreement should be itemized and described in detail. It might be a number of radio commercials, PR placements made, or a research study designed and fielded.
The staff that would be assigned to accomplish delivery of the promised creative items(the deliverables)would be described implicitly or explicitly as some companies want to know exactly who will be working on their business, as different people have different talents levels and skill sets.
Another aspect of staff that a marketing agreement might define is the number of work hours expected from each member of the marketing team. Those hours may be tied back to an hourly salary rate. Those combined salary rate, as well as out of pocket expenses incurred to provide the service, plus a profit margin, might be used as the basis for developing the marketing budget.
The Marketing Agreement might be for one or more years, or one or more days depending on the nature of the services to be rendered. This is the ‘term’ or duration of the agreement and should be clearly defined in the agreement.
A major part of a marketing agreement is the section on Compensation. It is here that details are spelled out as to how the marketing organization will get paid. Often industry ongoing rates may prevail but often big clients might impose their rate upon a service provider. The Compensation section should detail the exact number of expected payments required over the term of the agreement, usually in monthly increments, and that dollar amounts stated.
Invariably agreements fall apart, parties may need to go to a court to adjudicate a dispute. The location (what court and where located) and manner of redress whether binding arbitration, mediation, or legal action permissible under the agreement.