The Sales And Marketing Outsourcing Agreement is essential for businesses looking to delegate their sales and marketing functions to specialized external providers. This agreement, governed by English and Welsh law, establishes clear parameters for service delivery, performance standards, and regulatory compliance. It's particularly relevant in today's business environment where companies increasingly rely on external expertise for specialized marketing and sales functions. The document addresses crucial aspects including data protection under UK GDPR, intellectual property rights, service levels, and payment terms, while ensuring compliance with UK marketing and consumer protection regulations.
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1. Parties: Identifies and defines the contracting parties - the company outsourcing (Principal) and the service provider
2. Background: Sets out the context and purpose of the agreement
3. Definitions and Interpretation: Defines key terms used throughout the agreement
4. Appointment and Scope of Services: Details of the appointment and specific services to be provided
5. Term and Termination: Duration of the agreement and termination provisions
6. Service Provider's Obligations: Key responsibilities and performance standards
7. Principal's Obligations: Responsibilities of the company outsourcing the services
8. Fees and Payment: Payment terms, fee structure, and invoicing procedures
9. Intellectual Property Rights: Ownership and usage rights of IP created during the service
10. Confidentiality: Protection of confidential information
11. Data Protection: Compliance with data protection laws and handling of personal data
1. Service Levels: Specific performance metrics and KPIs - used when specific performance standards need to be measured
2. Staff and Key Personnel: Requirements for staff working on the project - used when specific personnel are critical to service delivery
3. Non-Compete: Restrictions on competitive activities - used when protecting against competitive threats is important
4. Change Control: Process for making changes to services - used for complex services likely to require adaptation
5. Force Majeure: Provisions for unforeseen circumstances - used when service delivery might be affected by external events
1. Services Description: Detailed specification of services to be provided
2. Fee Schedule: Detailed breakdown of fees, charges, and payment terms
3. Service Levels: Detailed performance metrics and measurement criteria
4. Data Processing Agreement: Detailed terms for handling personal data
5. Marketing Guidelines: Brand guidelines and marketing requirements
6. Key Personnel: Details of key staff members and their roles
7. Territory Schedule: Geographic areas covered by the agreement
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