Last revision: 28/03/2023
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A marketing services agreement defines the terms and conditions under which a marketing agent/manager will assist a client in selling its goods and/or services by creating materials that promote its products and by engaging in activities to introduce the products to new customers.
Such marketing materials may include brochures, pamphlets, websites, advertisements, and booths for display at trade shows. In some situations, a marketing specialist may also be responsible for making sales and then passing those sales on to the client for completion.
A marketing services agreement is used when a business wants to do something other than its own marketing, such as a website, social media, ad campaigns, and other content creation to amplify its digital presence. Instead, they hire a marketer to manage their online presence. Having an agreement in place ensures that each party understands its rights and obligations.
Through this agreement, both the client and the marketing manager can protect their interests and intellectual property, while ensuring that the marketing manager's products reflect the client's vision and desires.
How to use this document?
This marketing services agreement can be created by the marketer/ agent marketing or the client. The document includes various options for tailoring the agreements to the needs of the parties. The agreement allows the parties to specify the following important details that will guide the business relationship:
After entering the required information, the agreement must be signed by both parties and kept on file by both parties for the duration of the agreement and for a reasonable period of time thereafter. Once the parties have completed the agreement, they can be confident that the marketing manager can focus on marketing the client's products and facilitate sales to new clients.
In Canada, marketing services agreements are subject to both federal and provincial laws, which cover general contract principles such as training and mutual understanding. Federal laws may restrict the services that can be contracted, for example, you can't ask a distributor to do something illegal and some broad categories, such as contracts that are more like a business partnership than a distributor/customer relationship, but the laws of each province or territory may govern the interpretation of the contract in the event of a dispute.
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Other names for the document: Commercialization Contract, Marketing Contract, Joint Marketing Agreement, Promotion Agreement, Promotional Services Agreement
Country: Canada (English)