Ƶ

Marketing Agency Contract for Germany

Marketing Agency Contract Template for Germany

A comprehensive legal agreement governed by German law that establishes a professional relationship between a marketing agency and its client. The contract details the scope of marketing services, deliverables, compensation terms, and compliance requirements under German commercial law (HGB) and civil code (BGB). It includes specific provisions for data protection under GDPR/DSGVO, intellectual property rights under German Copyright Act (UrhG), and advertising regulations under the Act Against Unfair Competition (UWG). The document provides a framework for both traditional and digital marketing services while ensuring compliance with German and EU regulatory requirements.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Marketing Agency Contract

Let Ƶ's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.

What is a Marketing Agency Contract?

The Marketing Agency Contract is essential for businesses seeking to formalize their marketing service relationships under German law. This document is typically used when a company engages a professional marketing agency for services such as advertising, brand development, digital marketing, or promotional campaigns. It addresses key aspects required by German legislation, including service scope definition under BGB requirements, data protection compliance with GDPR/DSGVO, and advertising standards under UWG. The contract provides comprehensive coverage of intellectual property rights, payment terms, service levels, and liability provisions while accommodating both traditional and digital marketing activities. It's particularly relevant in today's complex marketing landscape where clear delineation of responsibilities and deliverables is crucial for successful agency-client relationships.

What sections should be included in a Marketing Agency Contract?

1. Parties: Identification of the marketing agency and the client, including full legal names, registration details, and addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement, including specific marketing terminology

4. Scope of Services: Detailed description of marketing services to be provided, including core deliverables and responsibilities

5. Term and Termination: Duration of the agreement, renewal terms, and termination provisions including notice periods

6. Fees and Payment Terms: Compensation structure, payment schedule, and invoicing requirements

7. Client Obligations: Client's responsibilities, including provision of materials, approvals, and cooperation

8. Agency Obligations: Agency's commitments, professional standards, and delivery requirements

9. Intellectual Property Rights: Ownership and usage rights of marketing materials, including transfer of rights

10. Data Protection and GDPR Compliance: Obligations regarding personal data processing and protection

11. Confidentiality: Protection of business secrets and confidential information

12. Liability and Indemnification: Limitation of liability and indemnification provisions under German law

13. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Marketing Agency Contract?

1. Success Metrics and KPIs: Specific performance indicators and measurement criteria, recommended for performance-based contracts

2. Service Level Agreement: Detailed service levels and response times, useful for ongoing campaign management

3. Subcontracting: Terms for engaging third-party service providers, relevant when subcontractors may be needed

4. Non-Competition: Restrictions on working with competing clients, optional based on market sensitivity

5. International Marketing Provisions: Additional terms for cross-border marketing activities

6. Social Media Management: Specific terms for social media account handling and content management

7. Crisis Management: Procedures for handling marketing-related crises or reputation issues

8. Budget Management: Detailed provisions for handling marketing budgets and media buying

What schedules should be included in a Marketing Agency Contract?

1. Schedule 1: Scope of Services Detail: Detailed breakdown of all marketing services, methodologies, and deliverables

2. Schedule 2: Fee Structure: Detailed pricing, rate cards, and payment terms including any success-based fees

3. Schedule 3: Key Personnel: List of key team members and their roles in service delivery

4. Schedule 4: Brand Guidelines: Client's branding requirements and usage guidelines

5. Schedule 5: Approval Process: Workflow for content approval and campaign sign-off procedures

6. Schedule 6: Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures

7. Schedule 7: Service Level Metrics: Detailed performance metrics and reporting requirements

8. Appendix A: Campaign Calendar: Planned marketing activities and timeline

9. Appendix B: Technical Requirements: Technical specifications for digital marketing deliverables

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Agency Agreement

Sector

Marketing

Cost

Free to use
Relevant legal definitions





































Clauses


































Relevant Industries

Retail

E-commerce

Technology

Financial Services

Healthcare

Manufacturing

Consumer Goods

Professional Services

Entertainment

Automotive

Fashion

Food and Beverage

Real Estate

Education

Tourism

Relevant Teams

Legal

Marketing

Procurement

Compliance

Finance

Communications

Digital

Brand Management

Business Development

Executive Leadership

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Marketing Manager

Legal Counsel

Procurement Manager

Agency Account Director

Creative Director

Digital Marketing Manager

Compliance Officer

Data Protection Officer

Contract Manager

Business Development Manager

Communications Director

Chief Executive Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Agreement For Security Services

German law-governed agreement for security services provision, covering operational requirements, compliance, and service standards under German regulations.

find out more

Tutoring Contract Between Agency And Client

A German law-governed contract establishing terms between a tutoring agency and client for educational services, ensuring BGB and GDPR compliance.

find out more

Agreement Between Landlord And Letting Agent

German law agreement establishing the terms and conditions between a property owner and letting agent for property management and tenant services.

find out more

Marketing Agency Client Contract

A German law-governed agreement between a marketing agency and client, outlining marketing services, obligations, and compliance requirements.

find out more

Contract For Digital Marketing Services

German law-governed agreement for digital marketing services, incorporating GDPR compliance and German marketing regulations.

find out more

Standard Agency Agreement

German law-governed agreement establishing a commercial agency relationship between principal and agent, compliant with HGB requirements.

find out more

Mou For Commission Agent

A German law-governed MoU outlining the preliminary terms for a commission agent relationship between a principal and agent.

find out more

Tender Agency Agreement

A German law-governed agreement appointing an agent to manage tender processes on behalf of a principal company.

find out more

Limited Agency Agreement

A German law-governed agreement establishing a limited agency relationship with defined scope and authority constraints.

find out more

Contract For Agency Agreement

A German law-governed agreement establishing a commercial agency relationship, defining rights, obligations, and compensation between principal and agent.

find out more

International Agency Agreement

German law-governed agreement establishing a commercial agency relationship between a principal and agent, defining representation rights, territory, and compensation terms.

find out more

Customs Broker Agreement

A German law-governed agreement establishing the terms and conditions for customs brokerage services, including customs clearance and regulatory compliance obligations.

find out more

Agreement Between Buyer And Commission Agent

German law-governed agreement establishing terms between a buyer and commission agent, aligned with HGB requirements.

find out more

Agency Listing Agreement

A German-law governed agreement between property owner and real estate agent establishing terms for property marketing and sale/lease services.

find out more

Agency Client Contract

A German law-governed contract establishing the terms and conditions between an agency and its client for professional services delivery.

find out more

Agency Master Services Agreement

German law-governed agreement establishing terms and conditions between a principal company and its commercial agent for representation in business activities.

find out more

Buyers Rep Agreement

German law-governed agreement establishing the terms and conditions between a property buyer and their appointed representative.

find out more

Buyer Broker Commission Agreement

A German law-governed agreement establishing the terms for broker representation of a property buyer, including commission structure and service obligations.

find out more

Buyer's Agent Agreement

German law agreement establishing terms between property buyers and their appointed agents, governing property search and acquisition services.

find out more

Estate Agency Agreement

A German-law governed agreement between a real estate agent and client establishing the terms of property agency services and commission structure.

find out more

Buyer Agent Exclusive Agreement

A German law-governed agreement establishing an exclusive relationship between a property buyer and real estate agent, defining representation rights and obligations.

find out more

Booking Agent Contract

German law-governed agreement between an artist and booking agent establishing representation terms and booking authority.

find out more

Buyer Broker Exclusive Agreement

A German law-governed agreement establishing exclusive representation rights between a real estate broker and property buyer, detailing services, commission, and obligations.

find out more

Buyer Representation Agreement

German law agreement establishing representation terms between a property buyer and real estate agent, outlining services, obligations, and commission structure.

find out more

Seller Agency Agreement

German law-governed agreement establishing a commercial agency relationship between a principal and agent, with provisions complying with HGB requirements.

find out more

Non Exclusive Buyer Broker Agreement

German law-governed agreement between a broker and property buyer establishing a non-exclusive representation relationship for property acquisition services.

find out more

Non Exclusive Broker Agreement

A German law agreement establishing a non-exclusive relationship between principal and broker, outlining service terms and commission structures under German legal requirements.

find out more

Broker Agent Agreement

German law-governed Broker Agent Agreement establishing terms between principal and broker, compliant with HGB and BGB requirements.

find out more

Insurance Agent Agreement

A German law-governed agreement establishing the relationship between an insurance company and agent, setting out sales authority, obligations, and regulatory compliance requirements.

find out more

Commission Agreement Between Broker And Agent

A German law-governed agreement establishing commission-based terms between broker and agent, compliant with HGB and BGB requirements.

find out more

Tenant Agency Agreement

A German law-governed agreement between a real estate agent and prospective tenant for property search and rental procurement services.

find out more

Temporary Staffing Agreement

German law-governed agreement between a staffing agency and client company for temporary worker deployment, ensuring AÜG compliance.

find out more

Temporary Service Agreement

A German law-governed agreement establishing temporary service arrangements between a service provider and client, compliant with BGB and TzBfG requirements.

find out more

Temporary Agency Contract

German law-compliant Temporary Agency Contract (Arbeitnehmerüberlassungsvertrag) governing temporary staffing arrangements between agencies and hiring companies.

find out more

Talent Agency Agreement

German law-governed agreement establishing the terms of representation between a talent agency and artist, including commission structures and mutual obligations.

find out more

Sub Agent Contract

German law-governed agreement between a commercial agent and sub-agent for product/service distribution, compliant with HGB requirements.

find out more

Sub Agency Agreement

A German law-governed agreement establishing the relationship between a main agent and sub-agent, defining their rights, obligations, and commercial terms.

find out more

Sourcing Agent Agreement

German law-governed agreement establishing a commercial relationship between a principal company and a sourcing agent, regulated under the German Commercial Code (HGB).

find out more

Social Media Agency Contract

German law-governed agreement for social media management services, establishing terms between agencies and clients while ensuring compliance with German digital services and data protection regulations.

find out more

Service Bureau Agreement

German law-governed agreement for specialized processing and administrative services provided by a service bureau to client organizations.

find out more
See more related templates

ұԾ’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ұԾ’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it