Free Sample Marketing Contract Templates

To help you grow your business, we've created a fairly simple yet reliable marketing contract template in Word and PDF versions so you can use it over and over.

What's in this model?

• Work's extent

• Policy

• Dispute settlement

What is a marketing contract or marketing services agreement?

To understand what a marketing deal is, one must first define the role of a marketing professional.

A marketer helps clients by creating promotional materials for their products and services. Marketing services include, but are not limited to, creating brochures, websites, advertisements, flyers, and sales letters.

A marketing agreement is a document that sets out the terms and conditions under which a marketer assists clients with their marketing activities.

What is Marketing?

Marketing is the process of planning, promoting, and selling a product or service. There are several types of marketing such as market analysis, consumer behavior study, product design and sales. Marketing is important in business development because it improves the quality of products and services, increases sales and the value of the business.

In marketing, the main thing is to make strategic decisions that influence the success of the company. Marketing is above all a social and behavioral science.

Marketing is not the only discipline that deals with the planning and promotion of a product or service. There are other areas that deal with the same theme: commercial, financial, technological, etc.

What are the types of marketing contracts?

There are three types of marketing contracts. The first type is the franchise agreement. It is a contract between a company that owns franchises and franchisees that are located in different locations. The second type is the sole proprietorship contract. This is the contract between a company and its representative. The third type is the only representative contract.

It is a relationship between a company and its representative. The franchise contract is the most widespread in the direct marketing sector, since the contractors have common interests in the promotion of the brand and they participate in the common promotion. In the sole proprietorship contract, the contracting parties have different interests. Both parties have interests within the contract. The Franchise Agreement is also known as the Franchise Agreement.

Why is the marketing contract important?

Having a marketing contract creates clarity and trust between the marketer and the customer.

As a marketer, an agreement template helps you define your offers, forecast sales, and set expectations with your customer.

Conversely, as a customer, a marketing agreement helps you understand what services you can expect and when.

Most importantly, a marketing agreement acts as a point of accountability for all parties involved, which creates a productive business relationship.

A marketing contract is a great way to clarify everything between the two parties in order to avoid misunderstandings. Such an agreement is a good idea for the following situations: 

• You need a marketing professional or company to promote your products and/or services. 

• You are a marketing professional engaged in promoting goods and services.

The product manufacturer/company wants to ensure that the brand is represented in line with the company's vision.

What are the types of Marketing contracts?

While the marketing context is clearly there, first be aware that there are certain contract types listed that can also be used for non-marketing purposes. Be sure to carefully review each of them below and see for yourself how they can be used for marketing and why they are considered useful.

• Client or agency service contracts : This is a contract that defines the relationship between marketing consultants and agencies, among others, with their clients or clients. It will explicitly state what is expected between the two parties, including any specific responsibilities involved in that particular transaction. Like other types of marketing contracts, this one will be set over a specified period of time.

• Brand sponsorships : This is the type of contract or agreement that will govern the legal relationship between the sponsor and those who are empowered to enforce a sponsorship obligation. Generally, it comes with some terms and conditions that detail the services for a certain amount. Issues that tend to arise from this type of contract include how benefits are defined for the sponsor, the amount of payments due, the circumstances under which the sponsor's logos or marks are to be displayed or used, and the rights of each party a, including termination clauses.

• Intellectual property rights  : While not necessarily exclusive to commercialization, an IP contract may arise when it comes to the creation and subsequent commercialization of a company's original concepts. By definition, this would be the category of the proper which includes the immaterial creations of the human intellect. Specific examples here would be trademarks, copyrights, patents and trade secrets. Having this on hand is key to differentiating your many products and services from the competition while making them much easier to recognize.

• Celebrity endorsement : For those of you who are looking for a well-established method of brand promotion, this goes no further than celebrity endorsement. This is known to dramatically boost a brand's results when used successfully. However, it is worth considering the litany of legal and business issues that any brand owner must face, thus necessitating the use of a celebrity endorsement contract. To this end, here are some specificities that can be expected from such a contract: exclusivity obligations to prevent the association of celebrities with competing products, specific termination rights, measures to mitigate damages to the brand in cases of serious celebrity behavior, and any brand or intellectual property that is involved.

• Influence Agreement : Similar to celebrity endorsers, collaborating with influencers can be a powerful marketing tactic that can see brands rise from the abyss of obscurity. An influencer agreement can ensure that any attempt at this type of marketing will be protected by law and any risks involved can be significantly minimized. In this document, you would do well to define the specific content of the influencer, create an applicable social media policy, establish particular guidelines and guarantee the right for the marketer to review any content published by the influencer. influencer.

• Supplier contract: it is the contract that seals an agreement between suppliers and a specific company. In this case, the seller is the one who undertakes to provide certain services or products. A contract like this will likely be closely involved in any company's marketing efforts due to the services and products to be marketed by the company. With this in place, said products can be expected to be continuously supplied by the seller over a specified period of time, failure or neglect to do so being punishable by law.

• Data Privacy Policy : A data privacy policy is the legal document used to disclose some or all of the ways in which a specific party collects, uses, discloses and manages the data of its customer(s). In the context of marketing, this refers to sensitive data shared between the marketing company and its customer. For those looking for specific examples, you need look no further than the names of those involved, their addresses, birth dates, contact details, marital status, financial records, and more. In addition to all of this, this may also extend to their intellectual property, trade secrets and any other sensitive information that may be shared with business partners or even sold to any other company or competing business.

Important Terms

What are the elements of a marketing agreement?

The purpose of your marketing agreement is to ensure that it is enforceable. You should also include as much detail as possible about each party's responsibilities.

• Parties to the agreement – The service provider and the customer must be correctly identified.

• Brief description of the client's industry and brief description of the product or service they provide.

• Scope of work – The services that the distributor must provide must be included in the agreement. It should be as detailed as possible. The scope should define the marketing campaigns for which the service provider is responsible and designate any other relevant tasks. The client may also have certain responsibilities which should be listed in the agreement.

• Policy – It may be necessary for the client or marketer to disclose confidential information, proprietary information, or trade secrets throughout the course of the activity. Each party must respect the confidential information of the other. Sometimes a marketing agreement is combined with a separate confidentiality agreement or non-disclosure agreement (NDA).

• Dispute Resolution – If a dispute under the marketing services agreement should arise, it is important to incorporate a dispute resolution provision, so that the parties understand how to resolve a dispute before taking legal action.

What are the most effective ways to use contract marketing in customer interactions?

As a marketer, you often need many touchpoints with a potential client before they feel comfortable entrusting you with your expertise.

Although your marketing agreement is an official document, there are ways to leverage your contract to help you attract more customers.

To explain what we mean, let's look at an example of the different touchpoints you can have with a prospect, in the customer onboarding process:

• Respond to the survey
• Book consultation 
• First customer consultation 
• Send proposal and invoice
• Follow 
• Send receipt
• Confirm project start date
• The project begins

Let's highlight steps three and four, where you ask a client to consult and send a proposal. These are perhaps the most critical times in your customer interactions, as this is where you get to know the customer and make suggestions on how they can achieve their goals.

A proposal is your opportunity to showcase your value. However, adding a marketing deal to your proposal puts your money where your mouth is. It's a chance for your client to see what results you think are achievable, so much so that you're ready to sign a contract based on your claims.

A marketing deal also challenges you to get as much information as you can from your client consultation. You have to ask the hard questions about the budget and your fees, which makes the whole process more transparent in the future.