ContractsCounsel Logo

Marketing Agreement Review

September 21, 2023
Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 8,658 reviews
Home Blog Marketing Agreement Review

Jump to Section

A marketing agreement is a legally binding contract between a business and a marketing agency that outlines the terms and conditions of the parties’ business relationship. A comprehensive marketing agreement will outline each party’s roles, responsibilities, and expectations regarding marketing strategies, campaigns, and promotions.

How Do You Review a Marketing Agreement?

The process of reviewing a marketing agreement involves a comprehensive assessment of the contract terms, conditions, and risks.

To successfully review a marketing agreement, follow these steps:

  1. Read the entire agreement. Carefully read the contract paying close attention to every clause, definition, and obligation outlined in the document. The terms agreed upon by the parties should be accurately reflected in the written contract.
  2. Carefully examine payment terms. Financial terms are typically the most disputed issues in contracts. When reviewing a marketing agreement, double check the payment terms, including the agreed-upon compensation structure and schedule.
  3. Examine performance metrics. Look for clauses that establish key performance indicators and metrics to measure the success of marketing efforts.
  4. Verify legal compliance. The marketing agreement should comply with all relevant laws and regulations in your jurisdiction, including consumer protection, advertising standards, and data privacy laws.
  5. Seek Legal Advice. If you have any concerns during the review process, consider seeking legal advice from a licensed attorney who has experience reviewing marketing agreements.

Reviewing a marketing agreement is essential to understanding your rights, responsibilities, and obligations under the contract. An experienced lawyer will help ensure that the contract supports and protects your interests.

See Marketing Agreement Pricing by State

What Should a Marketing Agreement Include?

A well-drafted marketing agreement should include any elements necessary to provide a solid foundation for a successful collaboration between a business and a marketing agency.

Marketing agreements should include the following key components:

  • Party information. Identify the legal entities or individuals entering into the agreement including their contact information and roles.
  • Scope of work. The scope of the marketing campaign or services including the specific tasks, deliverables, and responsibilities of each party.
  • Objectives. Clearly state the objectives and goals of the marketing partnership, including expected outcomes and success metrics.
  • Payment terms. A detailed outline of the payment structure like rates, fees, and payment schedules.
  • Intellectual property. Address each party’s intellectual property rights including who will maintain ownership of creative content, trademarks, and copyrights. This section can be used to clarify any licensing or usage rights.
  • Confidentiality. Provisions to protect confidential information and trade secrets.
  • Contract term. The duration of the agreement and whether it is ongoing or has a definitive end.
  • Termination. The conditions under which the contract can be terminated by either party and any consequences for early termination.
  • Dispute resolution. The process for resolving disputes which could include mediation, arbitration, or litigation.
  • Indemnification. Each party's responsibilities regarding legal liabilities in case of legal claims related to the marketing campaign.
  • Governing law. The jurisdiction and governing law under which the agreement will be interpreted and enforced.

Every marketing contract will be unique depending on the parties and the goal of the marketing campaign. It is important to consult with a lawyer to ensure that your marketing agreement contains all necessary clauses.

Meet some lawyers on our platform

Sara S.

80 projects on CC
View Profile

Michelle T.

6 projects on CC
View Profile

Scott S.

50 projects on CC
View Profile

Curt L.

2 projects on CC
View Profile

Can You Get Out of a Marketing Contract?

Yes. Depending on the terms of the contract, it is possible to terminate a marketing contract under certain circumstances.

Here are some common ways to end a marketing contract:

  1. Both parties can mutually agree to terminate the contract and sign a termination agreement that outlines the terms of the termination.
  2. If one party breaches the terms of the agreement, the other party may have grounds for termination. Common breaches include non-payment, failure to deliver promised services, or violations of confidentiality clauses.
  3. Some marketing agreements will include termination clauses that specify the conditions under which the contract can be terminated. This may include notice periods, performance metrics not met, or changes in circumstances that affect the partnership.
  4. A force majeure clause will allow for contract termination or suspension if unforeseen events or circumstances beyond the control of either party occur. These events usually include natural disasters or government actions that make the completion of the contract impossible.

Your ability to get out of a marketing contract depends on the terms and provisions in the contract. For this reason, it is important to consult with an attorney to review your marketing agreement. Your attorney can go over the termination provisions to ensure your rights are protected and you can dissolve the agreement if necessary.

What is a Marketing Agreement in Real Estate?

Marketing agreements are commonly found in the real estate industry. A property owner or developer will use a marketing agency to promote and sell real estate properties. The marketing agreement will outline the terms of this collaboration.

Real estate marketing agreements are used to outline the strategies and responsibilities for promoting a property like creating marketing materials, conducting open houses, and advertising the property to potential buyers.

Additional provisions that can be found in a real estate marketing agreement include:

  • Compensation. Compensation terms are a significant aspect of real estate marketing agreements because real estate agents or agencies receive a commission or fee upon a successful sale or lease of the property.
  • Listing details. The agreement should include detailed information about the property, including its location, size, features, and any specific requirements for marketing.
  • Legal compliance. Real estate marketing agreements must adhere to real estate laws and regulations in the relevant jurisdiction, ensuring compliance with fair housing laws, disclosure requirements, and advertising standards.
  • Confidentiality. To protect sensitive property information, these agreements often include confidentiality clauses that restrict the sharing of certain details with unauthorized parties.
  • Advertising and promotion. The marketing and advertising channels that will be used, such as online listings, print media, social media, and signage.

For more information about real estate marketing agreements, contact a knowledgeable real estate attorney.

Should I Hire an Attorney to Review My Marketing Agreement?

Yes. It is always recommended to hire an attorney to review your marketing agreement. A marketing agreement could involve significant financial commitments or potential legal implications, so it is important to fully understand every provision.

When you hire a lawyer to review your contract, you will benefit in the following ways:

  1. An attorney will be well-versed in contract law and can help identify any potential legal pitfalls or ambiguities in the agreement that could lead to disputes or liabilities.
  2. Your lawyer will ensure that the agreement protects your interests like intellectual property rights, payment terms, and confidentiality.
  3. When an attorney reviews the contract, they will verify that the agreement complies with all relevant laws and regulations.
  4. If there are areas of the agreement that require negotiation or modification, an attorney can provide guidance and represent your interests during negotiations.
  5. In the event of disputes or contract breaches, having an attorney who is familiar with the agreement can be invaluable in pursuing legal remedies.

While hiring an attorney may incur additional costs, it can ultimately save you time, money, and headaches by preventing legal issues and ensuring a fair and beneficial marketing agreement.

Get Help with Hiring an Attorney

Do you need help with a marketing agreement? If so, post a project in ContractsCounsel's marketplace to receive bids from lawyers who are licensed to practice law in your state and can handle your project. All lawyers on the ContractsCounsel's platform are vetted by our team to make sure you are provided with top-tier service.

Meet some of our Lawyers

Rene H. on ContractsCounsel
View Rene
5.0 (18)
Member Since:
February 6, 2023

Rene H.

Free Consultation
San Diego, CA
12 Yrs Experience
Licensed in CA
Northwestern University

and I am an attorney Licensed in California and Mexico, with over 14 years of experience. I have extensive experience working as an in-house counsel in executive roles in companies such as Anheuser-Busch, Campari Group, Grupo Lala as well as Tier 1 law firms.

Richard N. on ContractsCounsel
View Richard
4.9 (47)
Member Since:
July 9, 2020

Richard N.

Managing Member
Free Consultation
Princeton, NJ
40 Yrs Experience
Licensed in NJ
New York Law School

I have been practicing law for 35 years. In addition to my law degree, I hold an MBA. I've created six companies, currently act as outside counsel to another 12, and have been an advisor to more than 500 startups and entrepreneurs.

Agnes M. on ContractsCounsel
View Agnes
5.0 (8)
Member Since:
July 13, 2020

Agnes M.

Managing Attorney
Free Consultation
13 Yrs Experience
Licensed in FL, NJ, PA
Florida Coastal School of Law

Agnes Mombrun Geter is the Founder and Managing Attorney of Mombrun Law, PLLC. She is an experienced attorney and is a member of the Florida Bar, New Jersey Bar, and the Pennsylvania Bar. The firm's practice focuses on Estate Planning, Business Law, and Debt Settlement including IRS Debt Relief. The firm's goal is to simplify the law and provide clients with the confidence and information necessary to make their decisions. The firm also provides project-based legal services to other attorneys and law firms, along with assisting as personal counsel and local counsel on legal matters.

Jeffrey A. on ContractsCounsel
View Jeffrey
5.0 (1)
Member Since:
September 20, 2023

Jeffrey A.

Business Attorney & Advisor
Free Consultation
18 Yrs Experience
Licensed in IL
University of Denver College of Law

Trusted legal counsel and business advisor to businesses and executive teams in the software, financial, and technology industries. Practice areas include commercial transactions, licensing, SaaS/PaaS/IaaS delivery models, software product development, regulatory compliance, new business formation, employment matters, and general corporate matters.

Joshua B. on ContractsCounsel
View Joshua
Member Since:
September 19, 2023

Joshua B.

Of Counsel
Free Consultation
Austin, Texas
21 Yrs Experience
Licensed in TX
University of Texas

Josh Bernstein has been serving real estate and corporate transactional clients since 2002. His experience is varied, and he enjoys working on and puzzling out novel and complex corporate and real estate matters. Josh’s experience includes, among other things, the following: representation of public companies in connection with SEC reporting and compliance work (proxies, 10-K’s; 10-Q’s; 8-K’s, etc.); representation of public and private company securities issuances (including private placements, and other similar offerings); assistance in structuring and drafting joint ventures, both for investors and operating partners, and including both real estate and corporate ventures; handling public and private company mergers and acquisitions; and asset sales and dispositions; assisting clients, big and small, with real estate acquisitions, sales and financings; managing large-scale and multi-state real estate portfolio acquisitions, dispositions and financings; complex condominium creation, structuring and governance work, including: commercial condominiums, use of condominiums as a land planning tool, wholesale condominium property acquisitions and dispositions, and rehabilitating failed or faulty condominium legal structures to make ready for sale; development of restrictive covenants and owners’ association documents for master-planned communities; compliance with federal statutes governing real estate sale and development (including, without limitation, the Interstate Land Sales Full Disclosure Act, the Housing for Older Persons Act, and the Americans with Disabilities Act); representation of real estate lenders, for both improved and unimproved property, and including numerous construction financings secured by real estate; assistance with commercial leasing; from both the landlord and tenant side, and including condominium leasing; training residential home and condominium sales staff for compliance with applicable local and federal law; and workouts of all kinds. When he’s not busy lawyering, Josh may be found watching 80’s commercials, flying a single-engine plane, playing poker, or trying to be a good dad.

Sahil M. on ContractsCounsel
View Sahil
Member Since:
September 19, 2023

Sahil M.

Principal Attorney
Free Consultation
Chicago, IL, United States
2 Yrs Experience
Licensed in DC, IL
University of Illinois - Chicago School of Law

Drishti Law is devoted to assisting clients identify and protect their competitive advantage by establishing a capitalization strategy that adapts to their needs. Our expertise focuses on developing competent asset management strategies for innovators, creators, startups, and businesses. Additionally, navigating the current IP trends require a seamless experience that is personable and reflective of your goals. The principal attorney, Sahil Malhotra, founded Drishti Law because of his deep passion and ever-evolving interest in Intellectual property and Data Privacy. We take a holistic approach in balancing the risk and rewards as it relates to the development, management, and capitalization of your assets. Our ability to implement complex litigation and prosecution services permits effective execution of trademark, trade secret, copyright, and data privacy for individuals and businesses. It begins with creating a client-centric environment that develops trust through efficient decision making and instituting creative solutions.

James C. on ContractsCounsel
View James
Member Since:
September 21, 2023

James C.

Sole practitioner
Free Consultation
Eugene, Oregon
40 Yrs Experience
Licensed in OR

After receiving my undergraduate degree in economics from Stanford, and my law degree from UCLA, I practiced in California for eight years before moving to Oregon in 1991. I am primarily a trial lawyer with over 50 jury trials, emphasizing personal injury, professional malpractice, construction, and employment law, but in the course of that practice have reviewed and drafted hundreds of releases, indemnification agreements, employment agreements, and construction agreements.

Find the best lawyer for your project

Browse Lawyers Now
Learn About Contracts
See More Contracts
other helpful articles

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

How It Works

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer


Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city