A marketing agreement is executed between an advertising/marketing agency and a company seeking marketing services. This type of contract outlines the parties’ rights and responsibilities. It describes how the agency will enter into third party contracts to produce the marketing and advertising materials for the company seeking the services. A marketing agreement should always be negotiated and written in order to avoid miscommunication or confusion, and should be customized to fit the agreement both parties actually agree to.
Generally, marketing agreements are used by a South Carolina business entity when they decide to hire marketing professionals whom promote their products and services, as well as by marketing professionals contracting to promote products and services. As a business owner, product maker, or service producer, the marketing agreement should represent the owner’s brand in a way consistent with the business’s vision.
In the case of a product maker or a service producer, in their perspective, the marketing agreement will describe:
- The terms of payment
- Billable tasks
- Should also include non-compete agreement
In the case of a marketing professional’s perspective, the marketing agreement should include:
- A specific description of how, when, and for what he or she will be paid
- Likely to tnsist on provision that protects him or her in the case of a disagreement