The Marketing Retainer Agreement is essential for businesses operating in the UAE that require ongoing marketing services. It provides a structured framework for a continuous business relationship where a marketing agency or service provider delivers regular marketing services to a client for a fixed monthly fee. This document is particularly relevant in the UAE market where marketing activities must comply with specific federal laws and regulations regarding advertising standards, digital communications, and consumer protection. The agreement typically covers comprehensive service descriptions, payment terms, performance standards, and compliance requirements while addressing unique aspects of UAE business culture and legal requirements. It's commonly used when establishing long-term marketing partnerships and requires careful consideration of UAE commercial law, media regulations, and data protection requirements.
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1. Parties: Identification of the service provider (marketing agency) and the client, including full legal names, addresses, and registration details
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the marketing services to be provided under the retainer arrangement
5. Term and Renewal: Duration of the retainer agreement and conditions for renewal
6. Retainer Fees and Payment Terms: Monthly retainer amount, payment schedule, and billing procedures
7. Service Provider's Obligations: Key responsibilities and commitments of the marketing agency
8. Client's Obligations: Client's responsibilities, including provision of materials and approvals
9. Intellectual Property Rights: Ownership and usage rights of marketing materials and creative works
10. Confidentiality: Protection of confidential information shared between parties
11. Data Protection and Privacy: Compliance with UAE data protection laws and handling of personal data
12. Performance Metrics: Key performance indicators and reporting requirements
13. Termination: Conditions and procedures for ending the agreement
14. Limitation of Liability: Limits on parties' liability and indemnification provisions
15. General Provisions: Standard legal clauses including governing law, notices, and amendment procedures
1. Social Media Management: Specific terms for social media management services, include when social media is part of the scope
2. Content Creation and Approval: Detailed process for content creation and approval, include for content-heavy engagements
3. Third-Party Vendors: Terms relating to engagement of third-party service providers, include when subcontractors will be used
4. International Marketing: Provisions for cross-border marketing activities, include for international campaigns
5. Crisis Management: Procedures for handling marketing-related crises, include for high-profile clients
6. Competition Restrictions: Non-compete and exclusivity provisions, include when working with competing brands is a concern
7. Traditional Media Services: Terms specific to traditional media advertising, include when offline marketing is involved
8. Event Management: Terms for marketing event organization, include when events are part of the scope
1. Schedule A - Scope of Services: Detailed breakdown of all marketing services covered under the retainer
2. Schedule B - Fee Schedule: Detailed fee structure, including retainer fees and any additional service charges
3. Schedule C - Key Personnel: List of key team members from both parties involved in the engagement
4. Schedule D - Service Level Agreement: Specific performance metrics, response times, and service standards
5. Schedule E - Approved Brand Guidelines: Client's branding requirements and guidelines
6. Schedule F - Reporting Ƶ: Standard templates for regular performance and activity reporting
7. Appendix 1 - Communication Protocol: Procedures for routine communications and approvals
8. Appendix 2 - Compliance Requirements: Specific UAE marketing and advertising compliance requirements
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