Marketing Agency Agreement (UK)
Marketing agency agreement for professional services and creative deliverables.
MARKETING AGENCY AGREEMENT (UK)
Governed by the law of England and Wales
Note: This template is for a marketing, advertising, creative, or digital agency supplying services to a business client: campaign strategy, creative production, content, social media, paid media, SEO, or similar. The Agency is the supplier. Complete every yellow field, choose one Option in each Option block and delete the others, then complete Schedule 1 and Schedule 2. Part G of Schedule 1 only applies if the Agency will handle personal data on the Client's behalf.
0. PARTIES
This Marketing Agency Agreement (the "Agreement") is made on [effective date] between:
(1) [full legal name of the client], a company incorporated in England and Wales with company number [company number of the client] whose registered office is at [registered office address of the client] (the "Client"); and
(2) [full legal name of the agency], [agency entity description (e.g. a company incorporated in england and wales with company number [number], [or a sole trader trading as (trading name)] whose registered or principal address is at [registered or principal address of the agency] (the "Agency").
Each a "Party" and together the "Parties".
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement, the following words have the following meanings:
"Agency Background IPR" Intellectual Property Rights owned or licensed by the Agency that exist before the Effective Date or that are created independently of this Agreement, including the Agency's tools, methodologies, frameworks, templates, and reusable code.
"Agreement" this document and its Schedules.
"Brief" a written brief for a specific campaign, project, or work package issued under Clause 3 and agreed by both Parties.
"Business Day" any day other than a Saturday, Sunday, or public holiday in England and Wales.
"Client Materials" any brand assets, trade marks, logos, product information, data, copy, imagery, claims, substantiation, or other materials supplied by the Client to the Agency for use in the Services.
"Confidential Information" any non-public information disclosed by one Party to the other (in any form) that is marked confidential or that a reasonable person would understand to be confidential given its nature or the circumstances of disclosure.
"Deliverables" the creative work, campaign materials, content, designs, copy, artwork, film, audio, code, reports, and other materials created by the Agency specifically for the Client in performing the Services, as identified in a Brief or in Schedule 2.
"Effective Date" the date stated at the top of this Agreement.
"Fees" the fees and other amounts payable by the Client to the Agency as set out in Schedule 1.
"Initial Term" the period set out in Schedule 1 starting on the Effective Date.
"Intellectual Property Rights" all patents, copyrights, database rights, trade marks, design rights, rights in confidential information and trade secrets, domain names, and all other intellectual property rights, registered or unregistered, anywhere in the world.
"Media" advertising space, airtime, inventory, or placement purchased from a third party media owner, platform, or publisher for the Client's campaigns.
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England & Wales note
This version is drafted for England & Wales. Scotland and Northern Ireland differ on some points — for example notice periods and tribunal procedure. Tell GitLaw where you hire and it adjusts the draft.
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