Marketing agreement template

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A marketing agreement can quickly become complex, depending on the scope of the project and the number of stakeholders involved. In this guide, we'll explore how marketing agreements work, and when you might need one; you can also get started right away by downloading our free marketing agreement template as a PDF, or trying it out in Juro. Let's dive in.

What is a marketing agreement?

A marketing agreement, or marketing services agreement, is a detailed contract that typically lays out the specific terms and conditions of the working relationship between your business and the marketing agency that you are contracting with.

This agreement addresses everything from the services to be provided to the projected timelines, the payment structure, all the way to the process for ending the contract.

By setting out all these details in a legally binding document, both parties' interests are protected, providing a clear framework covering each party's expectations and responsibilities.

What is the purpose of a marketing agreement?

The purpose of a marketing agreement is to provide clarity and a formal framework for the commercial relationship between a business and its marketing partner or agency. While the broad purpose of any contract is to provide clarity and to formalize new relationships and transactions, marketing agreements serve a few, more specific purposes too. They exist to provide:

Clear responsibilities: The agreement provides a clear division of duties. It details which services the marketing agency is expected to provide (e.g. PR) and what your business's reciprocal responsibilities are, creating a shared understanding for both parties.

Risk management: The agreement serves as protection for both parties in case of disagreements or disputes. It represents an authoritative source of reference outlining what was initially agreed upon.

Payment transparency: The agreement specifies the exact terms of payment for the services provided by the marketing agency, which aids in preventing future disputes or misunderstandings related to financial matters.

Confidentiality assurance: The agreement often includes a confidentiality clause, offering protection for sensitive business information that may be shared during the collaboration.

What should a marketing agreement template include?

Though the specifics can vary a lot depending on the unique needs of the client and the scope of the marketing agency's services, a typical marketing services agreement template often includes:

Party details: This section clearly names the parties involved in the contract, i.e., the client (your business) and the service provider (the marketing agency).

Detailed scope of services: This part lists the exact services that the marketing agency is contracted to provide, which could be anything from campaign management and content creation to SEO, social media marketing, and beyond.

Performance standards: This section lays down the expectations regarding the quality of service to be provided by the marketing agency, including timelines for delivery. Depending on the size of the deal to be agreed, you might need a separate service agreement or service level agreement for this.

Payment terms and conditions: This part of the agreement covers the cost of services, due dates for payment, and methods of payment.

Duration and termination guidelines: This part stipulates the contract's term, conditions for renewal, and guidelines for termination.

Confidentiality: This section contains the confidentiality clause. Although, marketing services agreements are usually accompanied by NDAs and confidentiality agreements.

Indemnification clause: This important provision serves to shield both parties from legal consequences resulting from each other’s actions.

How is a marketing agreement typically managed?

Managing marketing agreements can be painful, because quickly businesses can be juggling large numbers of documents; similarly the agency likely has agreements with dozens of clients in effect at any one time.

Tracking revisions and new versions, as well as dealing with an array of approval workflows, can make the process ripe for human error and inefficiency. Business teams that are tasked with drafting and managing the marketing agreements can find themselves buried in low-value admin work, moving back and forth between tools and versions.

This manual process can result in wasted time, miscommunication, and missed opportunities. Time spent worrying about your marketing contracts is time not spent focusing on successfully marketing the business, after all. Fortunately, upgrading both the marketing agreement template you use and the process you follow to manage those contracts can relieve this admin burden and enable you to move faster.

How can a marketing agreement template help?

The process is considerably easier for teams with a robust marketing agreement template in place.

Rather than drafting contracts from scratch, businesses can host their marketing agreement templates in a contract management tool like Juro, enabling them to automate contracts from these.

Automated contract templates stored in Juro can be used to initiate contracts in seconds. Teams simply create a contract from the pre-approved template.

The templates are then populated automatically using a simple Q&A workflow or by pulling the contract data in from other business tools via an integration.

This means that watertight marketing agreements can be generated in seconds, with minimal admin work required.

How to automate your marketing agreements in Juro

Once you've set up an automated template to create your marketing agreements, you can also take advantage of other features in Juro to get your agreements signed faster.

Negotiate contracts in real time

‍Juro allows you to negotiate marketing agreement terms directly from your web browser. Forget about those long and confusing email threads or the struggle of tracking changes across multiple versions of documents.

All stakeholders can collaborate on the same document in real-time, making the negotiation process streamlined and efficient.

Sign contracts electronically

‍Juro's platform includes native eSignature capabilities, making the signing process quicker and more convenient. No more hassles with printing, scanning, or mailing documents just for signatures.

Parties can add legally binding signatures to the marketing agreement from anywhere in seconds with Juro's mobile responsive eSigning tool.

Store their contracts securely

‍After your marketing agreements are signed, Juro provides a secure, data-rich contract repository for storage.

You can access valuable information from your agreements whenever you need, which is beneficial for tracking obligations, understanding client relationships, and making strategic marketing decisions.

Gain instant visibility into contracts

‍The search functionality in Juro isn't limited to just document titles.

Thanks to Optical Character Recognition (OCR), you can search the contents of your marketing agreements to find specific clauses, terms, or parties swiftly. This is a massive time-saver when handling numerous marketing agreements.

Upgrade your marketing agreement process with Juro

Juro simplifies the entire contract workflow, enabling businesses to automate up to 75% of contract admin and agree contracts up to ten times faster.

If creating and managing marketing agreements are causing headaches for your business, click the button below to find out how Juro can help you today.

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Frequently Asked Questions

What is a marketing agreement template?

A marketing agreement template is a ready-made contract a business can adapt each time it hires an agency or freelancer for marketing work. It sets out the work the agency will deliver and the terms on which it gets paid.

Do I need a marketing agreement for a one-off campaign with a freelancer?

Usually, yes. A freelancer normally owns the copyright in the work they create unless a written agreement says otherwise, which can leave you unable to reuse the ads or copy after the campaign ends. Agreeing the fee and deadlines in writing also avoids arguments over what was included.

How is a marketing agreement different from a marketing consulting agreement?

A marketing consulting agreement is for advice, such as a consultant reviewing your strategy or planning a launch. A marketing agreement covers an agency or freelancer actually doing the work, so it focuses on deliverables and who owns the finished material.

Who should own the work an agency creates?

Most businesses want to own the campaign materials they pay for, including copy and designs, once the invoice is paid. Agencies often keep the rights in their own tools and templates, so the agreement should say what transfers to you and what you only get a license to use. Also confirm that ad accounts and campaign data are set up in your name, or that the agency will hand them over at the end.

Can I use this template as it is?

It's a sound starting point, but it works best when you describe the services in detail and set payment terms that match how the agency bills, whether by retainer or by project. For specific legal advice on your contract templates, consult an attorney.

What's the easiest way to manage marketing agreements?

Set up the template in Juro once and generate each agency or freelancer contract from it, with the marketing team filling in the scope and fees. If you change your position on IP or notice periods, you update the one template and every new agreement picks it up. Signed agreements live in one searchable place, so renewal dates and termination notice deadlines are easy to track.

Can Juro create a template like this for me?

Yes. Juro's AI drafting feature, Operator, can learn from the agency contracts you've signed before and draft a new template that follows your drafting style and your usual positions on IP ownership and payment. The draft reflects your risk appetite, and your legal team approves it before marketing starts using it.