This marketing agency agreement template has 6 pages and is a MS Word file type listed under our legal agreements documents.
Sample of our marketing agency agreement template:
MARKETING AGENCY AGREEMENT This Marketing Agency Agreement (the "Agreement") is made and effective this [Date], BETWEEN: [YOUR COMPANY NAME] (the "Company"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [AGENCY NAME] (the "Agency"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] The Agency is in the business of providing marketing agency services for a fee. The Company desires to engage the Agency to render, and the Agency desires to render to the Company certain marketing agency services, all as set forth. NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained, the parties hereto agree as follows: Engagement The Company engages the Agency to render, and the Agency agrees to render to the Company certain services in connection with the Company's planning, preparing, and placing of marketing for certain products as follows: Analyze the Company's current and proposed products and services, and present and potential markets. Create, prepare, and submit to the Company for its prior approval marketing ideas and programs. Prepare and submit to the Company for its prior approval estimates of costs and expenses associated with proposed marketing ideas and programs. Design and prepare or arrange for the design and preparation of marketing. Perform such other services as the Company may request from time to time such as, but not limited to: [SPECIFY OTHER SERVICES] Order marketing space, time, or other means to be used for publication of the Company's marketing, at all times endeavoring to secure the most efficient and advantageous rates available. Proof for accuracy and completeness of insertions, displays, broadcasts, or other forms of marketing. Audit invoices for space, time, material preparation and charges. Products The Company's engagement shall relate to the following products and services of the Company: [SPECIFY Products]. Exclusivity The Agency shall be the [Exclusive or Non-Exclusive] marketing agency in the [State/Province] of [State/PROVINCE] for the Company with respect to the products described in Section 2 above. Compensation The Agency shall receive an amount equal to [Commission Rate] of the gross charges levied by media for marketing initiatives placed therewith by the Agency pursuant to this Agreement, including the charges of suppliers of services, purchased by the Agency on the Company's authorization during the term of this Agreement, provided that no percentage will be added to the Agency's charges for packing, shipping, express, postage, telephone, telex, fax, travel expenses and other out of pocket expenses of Agency personnel. For those items where the Agency is not compensated on a commission basis, the Company shall pay the Agency on an hourly basis for services provided hereunder. The rate will be determined by the type of services provided and the person or persons providing such services, but in no event shall the rate exceed [Maximum Hourly Rate] per hour. The Company may elect in advance to be charged on this hourly rate basis. If the Company fails to notify the Agency of its choice, it shall be presumed that the Company elected to be charged on an hourly rate basis. If the Agency undertakes, at the Company's request, subject to the Company's prior approval, special projects such as those described in Section 1(e) above, the Agency shall prepare an estimate of total charges for any such special project, including therein any charges for materials or services purchased from outside sources. In the event that the Company elects to proceed with the special project based upon the Agency's estimated cost, the Agency shall perform the services with respect to such special project at its estimated cost, subject to modification as mutually agreed by the parties. For any special project or other services provided by the Agency pursuant to this Agreement upon which the parties have not agreed as to charges, the Company shall pay the Agency at its regular hourly rates, not to exceed [Amount] per hour. The Company shall not be obligated to reimburse the Agency for any travel or other out-of-pocket expenses incurred in the performance of services pursuant to this Agreement unless expressly agreed by the Company in advance. Billing The Agency shall invoice the Company for all media costs where possible in advance of the Agency's payment date to allow for prepayment by the Company so that the Company may receive the benefit of any available prepayment or similar discount. For any media purchase or service for which the Agency is not entitled to a commission, the Agency shall ensure that the charges to the Company are net of all agency commissions and discounts. Charges for production materials and services shall be billed by the Agency upon completion of the production job, or, if cash discounts are available, upon receipt of the supplier's invoice. On all outside purchases other than for media, the Agency shall attach to the invoice proof of the supplier's charges. All cash discounts on the Agency's purchases including, but not limited to, digital media, art and printing, shall be available to the Company, provided that the Company meets the Agency's requisite billing terms and there is no outstanding indebtedness of the Company to the Agency at the time of the payment to the supplier. Rate or billing adjustments shall be credited or charged to the Company on the next following regular invoice date or as soon as otherwise practical. Invoices shall be submitted in an itemized format and shall be paid by the Company within [NUMBER] days of the invoice date. Competitors During the term of this Agreement, the Agency [May Not] accept employment from, render services to, represent or otherwise be affiliated with any person, firm, corporation or entity in connection with any product or service directly or indirectly competitive with or similar to any product or service of the Company with respect to which the Agency is providing any service pursuant to this Agreement. Cost Estimates The Agency shall not commence work on any project pursuant to this Agreement without first estimating costs for preparation, including copy, service, layout, art, typography, processing, and production
