Marketing Contract

What is a marketing contract?

A marketing contract, also known as a marketing service agreement, is a formal legal contract between a business and a marketing professional that defines the terms under which marketing services will be provided. The marketing contract is a special type of services agreement under which professional marketing services are provided. This contract is used to define the terms and conditions of cooperation between the marketer and the client, as follows:

• definition of the parties (i.e., the client and the marketer);
• scope of marketing services;
• duration of cooperation;
• duties and responsibilities of both parties;
• payment terms;
• termination clause.

A marketing services contract template helps to establish clear expectations for both parties and could be helpful in either of the situations below:

• A business hiring a marketing agency for digital campaigns;
• A startup or small business working with a freelance marketer to build brand awareness;
• A business engaging a marketing consultant to strategize market positioning and much more.

A marketing services contract template should not be confused with a social media marketing agreement. The latter document is used widely to build digital or online marketing campaigns for the business using social media like Facebook, TikTok, or Instagram. Therefore, it is also common to refer to it as a digital marketing contract template. Contrary to that, a marketing contract is used for offline marketing campaigns only.

The main parties to this agreement are the client and the marketer. A client could be an individual or a business that needs to order certain marketing services. A marketer could be a freelancer, marketing agency, or contractor who has experience and is ready to provide marketing services.

How to Make a Marketing Contract?

A strong marketing agreement contract template shall include the key components below:

Scope of Marketing Services

The present clause should define which marketing services should be delivered by the marketer (e.g., telemarketing, sponsorship, outdoor advertising). The parties to a marketing contract should consider including the following elements:

• title and purpose of a marketing campaign;
• target groups or groups of customers;
• the list of marketing services;
• the territory within which the marketing campaign should be performed;
• final deliverables (if any).

The wording of this clause should remain as precise as possible to prevent misunderstanding in the future.

Duration and Termination

The parties to a marketing agreement contract template should also define the duration of the cooperation. The marketing services could be provided for an indefinite period of time, for a defined period of time, or until a specific date. It is also common to define the duration of a marketing contract by setting up specific goals or milestones that should be achieved by the marketer.

A good example of a marketing consultant contract template should include the following important provisions:

• termination notice (e.g., that could be of any duration from a few days to several months);
• grounds for termination (e.g., material breach, non-payment);
• survival of certain duties (e.g., non-compete obligation or confidentiality clause).

Payment Terms

Every marketing consultant contract template should define how and when a marketer should be paid for provided services. The payment terms that parties have to consider prior to their cooperation are the following:

• type of fee (e.g., fixed fee, hourly rate, weekly rate, etc.);
• billing schedule (e.g., weekly, monthly, etc.);
• invoice payment (e.g., 10 days after the receipt of the invoice);
• acceptable payment methods (e.g., bank transfer, cash, PayPal);
• late fees or penalties (if applicable).

Confidential Information

While providing the marketing services, a marketer can be exposed to the client’s sensitive information (i.e., confidential information). Confidential information may include financial data, trade secrets, marketing strategies, etc. Therefore, inclusion of a confidentiality clause is essential to make sure a client’s sensitive information is not disclosed to the third parties within the duration and after expiration of the contract.

Usually, the marketer undertakes to keep confidential all the client’s information within the first 12 months after termination of the agreement. Besides that, upon termination of a contract, a marketer usually undertakes to return back all the printed materials containing the client’s confidential information. If the confidential information has been provided in a digital form, in that case the marketer undertakes to delete all existing digital copies of that information.

Duties of the Parties

Either party under a marketing consultant contract template has mutual rights and obligations towards each other. It is important to define the exact scope of duties and responsibilities from the start to avoid potential disputes in the future.

How to customize a marketing contract at Faster Draft?

In order to personalize your marketing contract template, follow a few easy steps below:

1. Press the button “Create Document.”
2. Answer the question in the questionnaire.
3. Select a document’s format—Marketing contract template Word or PDF.
4. Make a payment.
5. Download the document.