What is Marketing Agreement Drafting?
A marketing agreement is a legal contract between a company and a marketing provider, such as a freelancer or consultant. It provides a guideline for their working arrangement, such as what service deliverables will be provided and how these will be compensated.
Since a marketing agreement will be associated with campaigns or other marketing efforts, and they’ll involve your brand elements, it needs to include specific, clear terms.
Read the rest of this article to explore what key terms should be included in a marketing agreement, how to draft it, and why you should hire a lawyer to provide professional marketing agreement drafting services.
What are Key Terms in a Marketing Agreement?
A marketing agreement should include the following essential terms:
- Work scope. This outlines all the tasks that need to be completed within the agreement term.
- Payment. The agreement should specify the pricing model, such as if payment will take the form of a monthly retainer or project-based payments.
- Intellectual property (IP). This section of the agreement specifies who has ownership of the IP created during its term.
- Confidentiality. There must be provision for how sensitive data should be handled and protected.
- Termination. If either party wants to cancel the agreement earlier than expected, the agreement should specify notice periods and other rules.
- Dispute resolution. You should specify how conflicts will be resolved, such as via mediation or arbitration. Mention the governing law and jurisdiction.
What are Tips for Drafting in a Marketing Agreement?
Your marketing agreement should be comprehensive to prevent missing sections or ambiguity that can result in disputes. Here are some things to consider during the marketing agreement drafting process.
Clarify Work Scope
There must be specific details about the work that needs to be delivered and what standards it should meet. If there’s anything vague, it can lead to misunderstandings or misaligned expectations.
Explain Payments and Expenses
The payment structure should be included with details, such as if the payment is a monthly retainer or paid hourly for tasks. Alternatively, there could be a project-based or performance-based payment structure.
Your marketing agreement should also specify how and when any fees must be paid. There might be reimbursable costs for items such as stock images, printing, or software tools.
Be Clear About IP Ownership
Content ownership must be clearly stated in the marketing agreement, as well as any licenses for using it in authorized ways. Make sure that all third party content is licensed properly to avoid legal problems.
Include a Non-Disclosure Agreement (NDA)
The person receiving the information (the receiving party) will have certain obligations to fulfill, such as agreeing to keep the information private and not disclose it to any third parties.
It’s good practice to include an NDA clause to protect sensitive information that will be accessed during the agreement. Define what constitutes confidential information and the purpose for using it. This prevents the information from being used for other activities.
Consider How to Make Changes
You should make sure that any requested changes to brand assets are clearly defined and their processes explained. Both parties must be aware of permitted and prohibited amendments.
Elaborate on Contract Termination
To protect you from being stuck in an unfavorable marketing agreement, you should include details in your termination clause. This includes how many days’ notice is required if one party wants to end the contract. You should also specify if the notice is meant to be in writing and what happens to work that’s already in progress when the contract is terminated.
How Does a Lawyer Draft a Marketing Agreement?
Hiring a lawyer to draft a marketing agreement is advisable to ensure that it’s legally enforceable and protects both parties’ interests. Here are some things they’ll do during the marketing agreement drafting process.
- Write in clear language. A lawyer will avoid including any ambiguous or legal language that can create confusion surrounding payments or work scope, resulting in future disputes.
- Structure the agreement to allocate risks. This includes protecting you from hidden costs that can become problematic later.
- Assign IP ownership. This prevents you from losing ownership rights to your creative assets.
- Protect your business information. A legally-drafted marketing agreement will contain clear confidentiality and data protection provisions.
- Consider exit clauses. To protect you, a lawyer will include clauses to help you exit the agreement earlier than expected, if required.
- Ensure legal compliance. A lawyer will align the marketing agreement with all laws and regulations, including industry standards.
- Anticipate potential disputes. A lawyer will consider and evaluate the potential of future disputes so that they can be addressed in the agreement before they create legal or financial problems for you.
Where to Find a Lawyer for Marketing Agreement Drafting
If you need to hire a lawyer to help you with drafting a marketing agreement, you don’t have to ask around for legal recommendations, which can be time consuming. Use an online legal marketplace, such as ContractsCounsel, that makes it easy to find and hire a lawyer.
ContractsCounsel is one of the largest online legal marketplaces that gives you access to a network of vetted lawyers. All the lawyers on the platform have years of experience in contract drafting and review. This gives you peace of mind that your marketing agreement is clear and specific.
Here are the easy steps to follow if you want to ask a lawyer on ContractsCounsel to draft a marketing agreement:
- Visit the ContractsCounsel marketplace.
- Post your project for free. Include a few details to help you find the most suitable lawyer, such as why you need a marketing agreement and who the involved parties are.
- Wait for lawyer bids. Receive multiple bids from lawyers directly on the platform who have the experience to help you.
- Review the lawyers’ profiles. Go through the platform’s extensive lawyer data, such as their location, client ratings for previous projects, expertise, years of experience, and credentials.
- Connect with a lawyer you think is best suited to your requirements and hire them to draft a marketing agreement for a flat fee.
