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Marketing Agency Agreement for the Netherlands

Marketing Agency Agreement Template for Netherlands

A comprehensive agreement governed by Dutch law that establishes the legal and commercial relationship between a marketing agency and its client. The document outlines the scope of marketing services, deliverables, performance metrics, payment terms, and intellectual property rights. It incorporates Dutch and EU regulatory requirements, including GDPR compliance for data processing and Dutch advertising regulations. The agreement covers both traditional and digital marketing services, defining responsibilities, approval processes, and reporting requirements while ensuring compliance with Dutch commercial law and EU marketing regulations.

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What is a Marketing Agency Agreement?

The Marketing Agency Agreement is essential for businesses in the Netherlands seeking to formalize their relationship with marketing service providers. This document is specifically designed to comply with Dutch legal requirements and EU regulations, including the Dutch Civil Code (Burgerlijk Wetboek) and relevant marketing laws. It is typically used when a company wants to engage a professional marketing agency for comprehensive marketing services, whether for specific campaigns or ongoing marketing support. The agreement covers crucial aspects such as service scope, deliverables, intellectual property rights, data protection, performance metrics, and payment terms. It provides legal protection for both parties while ensuring clarity in their business relationship and compliance with Dutch commercial law, advertising regulations, and data protection requirements.

What sections should be included in a Marketing Agency Agreement?

1. Parties: Identification and details of the client and marketing agency, including registered addresses and company 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 marketing services to be provided by the agency

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

6. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures

7. Obligations of the Agency: Agency's responsibilities, deliverables, and performance standards

8. Client Responsibilities: Client's obligations, 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 and trade secrets

11. Data Protection: GDPR compliance and data handling procedures

12. Reporting and Performance Metrics: Requirements for reporting and measuring campaign success

13. Warranties and Indemnities: Guarantees provided by both parties and liability provisions

14. General Provisions: Standard legal clauses including governing law, notices, and amendment procedures

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

1. Non-Competition: Restrictions on agency working with competing clients, used when exclusivity is required

2. International Services: Additional provisions for cross-border marketing activities

3. Social Media Management: Specific terms for social media account management and content creation

4. Crisis Management: Procedures for handling PR crises or reputation management issues

5. Influencer Marketing: Terms specific to influencer collaboration and management

6. Performance-Based Compensation: Additional compensation terms based on achieving specific KPIs

7. Agency Team Composition: Requirements for specific team members or roles, used when key personnel are crucial

8. Subcontracting: Terms governing the use of subcontractors or freelancers

9. White Labeling: Provisions for when agency services are provided under client's brand

10. Content Ownership Transfer: Detailed IP transfer terms for specific content or campaigns

What schedules should be included in a Marketing Agency Agreement?

1. Schedule A - Service Level Agreement: Detailed performance metrics, response times, and service standards

2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule C - Campaign Specifications: Specific details of planned marketing campaigns and deliverables

4. Schedule D - Approved Subcontractors: List of pre-approved subcontractors or freelancers

5. Schedule E - Brand Guidelines: Client's branding requirements and style guides

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

7. Schedule G - Key Performance Indicators: Specific metrics for measuring campaign success

8. Appendix 1 - Contact Details: Key contact information for both parties

9. Appendix 2 - Approval Process: Workflow for content approval and campaign sign-off

10. Appendix 3 - 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

Netherlands

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions







































Clauses




































Relevant Industries

Retail

E-commerce

Technology

Financial Services

Healthcare

Consumer Goods

Professional Services

Entertainment

Education

Manufacturing

Tourism

Real Estate

Telecommunications

Non-profit

Fashion

Food and Beverage

Relevant Teams

Legal

Marketing

Procurement

Finance

Operations

Compliance

Business Development

Creative

Digital

Account Management

Executive Leadership

Commercial

Relevant Roles

Marketing Director

Chief Marketing Officer

Brand Manager

Agency Account Director

Legal Counsel

Procurement Manager

Business Development Manager

Commercial Director

Marketing Manager

Operations Manager

Creative Director

Digital Marketing Manager

Compliance Officer

Contract Manager

Chief Executive Officer

Chief Financial 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

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