Everything You Should Know About Drafting a Proper Marketing Agreement

Standardized Legal Documents Everything You Should Know About Drafting a Proper Marketing Agreement

All Your Burning Questions About the Marketing Agreement Answered

Whether you want to promote your business or a specific product or help someone advertise their projects, a fair collaboration should be your major concern. In such cases, you need to write a valid legal document to support a deal you make with the other party and shield your rights. 

In this guide, we will highlight the basics of composing a rock-solid marketing agreement and explain what elements it should cover. Check out our tips and find out how to get the best contracts without using inaccurate online templates!

Marketing Agreements in a Few Words

A marketing agreement is a legally binding contract that illustrates the scope of work a marketer needs to perform to advertise their clients’ products or services. It lists the duties of both parties and highlights the expected results and accomplishments. The responsibilities of the marketer may include various tasks, such as:


  • Designing websites
  • Creating pamphlets and brochures
  • Creating various types of multimedia content
  • Finding other ways to present the client’s products to new customers

The parties can make a verbal deal, but it’s advisable to stick to a written contract, as it acts as a valid record. 

Advantages of Signing a Marketing Agreement

Entering into a marketing agreement isn’t mandatory, but it’s highly recommended because of numerous advantages. It’s useful because it:

  • Clarifies all potential ambiguities
  • Reminds the parties of their responsibilities
  • Gives the signers a chance to list their expectations
  • Is much easier to prove in court than a verbal agreement
  • Prevents miscommunication and disputes that may occur as a consequence of unclear negotiations

Basic Elements of a Solid Marketing Agreement

The good news about composing a marketing agreement is that no laws impose a specific structure of this type of contract. Even though there are no official templates or a particular pattern the agreement should follow, it should contain the recommended clauses and sections described in the table below:

Sections Details
Information about the signers
  • Full legal names and signatures of the parties
  • Full legal names of all representatives who are authorized to sign the contract on the parties’ behalf
  • Contact information of all parties involved
Project details
  • Type of work the marketer is hired for
  • A possibility for the marketer to come up with their own advertising plan
  • Expected goals
Services
  • Description of the services offered by the marketer 
  • Duration—typically two years, but the length may vary depending on the needs of the client
  • Responsibilities of each signing party, including:
    • Training options
    • Transmitting orders
Costs and payment details
  • Amount
  • Payment method
  • Payment schedule—monthly payments, installments, or similar
  • Potential upfront payments
Other significant clauses

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