The Marketing Retainer Agreement is essential for businesses seeking consistent, professional marketing support through a structured long-term arrangement. This document, designed for use in the Canadian legal framework, establishes a continuing relationship between a marketing agency and a client, detailing monthly services, fees, and deliverables. It's particularly valuable when a business requires regular marketing activities rather than project-based work, ensuring continuous brand presence and marketing support. The agreement addresses key aspects such as service scope, performance metrics, intellectual property rights, and compliance with Canadian marketing regulations, providing a clear framework for the ongoing professional relationship.
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1. Parties: Identifies and provides full legal details of the marketing agency and the client
2. Background: Outlines the context of the agreement and the parties' intention to enter into a retainer arrangement
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Scope of Services: Details the core marketing services to be provided under the retainer arrangement
5. Term and Renewal: Specifies the initial duration of the agreement and conditions for renewal
6. Retainer Fee and Payment Terms: Outlines the monthly retainer amount, payment schedule, and billing procedures
7. Service Delivery and Performance Standards: Establishes the expected quality standards and delivery timeframes for services
8. Client Obligations: Specifies the client's responsibilities, including providing necessary information and approvals
9. Intellectual Property Rights: Addresses ownership and usage rights of marketing materials and creative works
10. Confidentiality: Protects confidential information shared between parties during the engagement
11. Termination: Details the circumstances and procedures for ending the agreement
12. Limitation of Liability: Sets boundaries on the agency's liability for various types of losses or damages
13. General Provisions: Includes standard legal clauses such as governing law, notices, and entire agreement
1. Additional Services: Defines procedures and rates for services beyond the retainer scope. Include when the agency offers additional services on an ad-hoc basis
2. Performance Metrics and Reporting: Establishes KPIs and reporting requirements. Include when specific performance metrics are crucial to the engagement
3. Data Protection and Privacy: Detailed provisions for handling personal data. Include when significant customer data processing is involved
4. Social Media Management: Specific terms for social media account handling. Include when social media management is part of the services
5. Crisis Management: Procedures for handling PR crises or emergencies. Include for clients with high public exposure
6. Subcontractor Rights: Terms for engaging third-party contractors. Include when the agency needs flexibility to use subcontractors
7. Non-Compete Clause: Restrictions on working with competing clients. Include when exclusivity is important to the client
8. International Marketing Provisions: Specific terms for international marketing activities. Include for cross-border marketing campaigns
1. Schedule A - Scope of Services Detail: Detailed breakdown of all marketing services included in the retainer
2. Schedule B - Fee Structure: Comprehensive fee schedule including retainer fees and rates for additional services
3. Schedule C - Service Level Agreement: Specific performance metrics, response times, and quality standards
4. Schedule D - Approved Client Brief: Client's approved marketing brief and strategic objectives
5. Schedule E - Key Personnel: List of key team members assigned to the account and their roles
6. Appendix 1 - Reporting Ƶ: Standard templates for regular marketing performance reports
7. Appendix 2 - Brand Guidelines: Client's brand guidelines and requirements
8. Appendix 3 - Approval Process: Detailed workflow for content approval and campaign sign-off procedures
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