template

Standard Short Form Marketing Agency Agreement (For Sale Of Goods)

by
Genie Team
Genie Team
Oct, 10 2023

When to use this template

The Standard Short Form Marketing Agency Agreement (For Sale of Goods) under UK law, is a contract designed to govern the relationship between a marketing agency and a client in the sale of goods. This agreement outlines the terms and conditions that both parties must adhere to, covering essential elements such as the scope of work, payment terms, obligations and responsibilities, intellectual property rights, confidentiality, and dispute resolution mechanisms.

The template ensures that both the marketing agency and the client have a clear understanding of their roles and obligations throughout the duration of the agreement. It outlines the specific services to be provided by the agency, such as market research, advertising campaigns, product promotion, and sales strategies, all tailored to facilitate the sale of goods on behalf of the client.

Important provisions related to payment terms, such as the agency's fees, invoicing procedures, and reimbursement for approved expenses, are carefully addressed to maintain transparency and fairness. The agreement may also include clauses related to additional fees, such as commissions or bonuses based on achieving specific sales targets or other agreed-upon performance indicators.

To safeguard the interests of both parties, the template will typically include provisions regarding the ownership and protection of intellectual property rights. This may cover issues such as the use of trademarks, copyrights, or any other proprietary materials related to the client's goods. Confidentiality clauses are also incorporated to ensure that all non-public information shared during the course of the agreement remains strictly confidential.

In the unfortunate event of a dispute arising between the parties, the template will outline a mechanism for resolution, promoting negotiation, mediation, or arbitration over litigation, in order to minimize costs and potential disruptions to the business relationship.

Overall, this legal template serves as a comprehensive framework for marketing agencies and clients to establish a solid foundation for their collaboration in promoting and selling goods under UK law. It provides a clear understanding of each party's rights, obligations, and expectations, helping to foster a mutually beneficial and successful business relationship.

Key issues covered in this template

  • Assign rights
  • Change of control
  • Commission payments
  • Commission statement
  • Delivery method
  • Limited Liability
  • Marketing activities
  • Non-competition
  • Non-limiting language
  • Use of Product Intellectual Property
  • N/A

What to watch out for

  • that the agreement is non-exclusive;

  • that the agent is authorised to promote the sale of goods, but not to conclude sales;

  • that the Commercial Agents (Council Directive) Regulations 1993 (SI 1993/3053) may or may not apply

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Used by

Author

Genie Team

Genie Team

@genieteam
Genie AI Team

The Genie Team consists of lawyers and paralegals. Our aim is to open source the law and provide high quality, regularly reviewed legal documents.

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Starlight Consulting
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Gala
Metrica Company
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Consultancy
21%
Media
14%
Other
11%
Technology
8%
Consumer, Public & Health Services
5%
Legal Services
5%
Education
5%
Finance
4%
Manufacturing
4%
Construction
3%
Sport & Entertainment
3%
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3%
Wholesale
3%
Insurance
2%
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2%
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2%
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2%
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2%
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1%

Additional information

Business categories

Business activities

Relevant sectors

Other

Relevant company sizes

1 - 3

20 - 49

250 - 999

4 - 19

50 - 249

1000 +

Governing law

England and Wales

Language

English UK

Gender neutral

Yes