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Marketing Services Agreement

A Marketing Services Agreement covers the provision of marketing activities — campaigns, ads, branding, and strategy. Defines deliverables, KPIs, and payment terms.

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What this document covers

Agency/marketer and client details
Marketing services and deliverables
KPIs and performance targets
Approval and sign-off process
Ad spend budget handling and transparency
IP ownership of marketing assets
Fees and payment schedule
Termination provisions
Governing law clause

Frequently Asked Questions

What KPIs should a marketing services agreement include?
This depends on the service, but common KPIs include: reach and impressions, engagement rate, leads generated, conversion rate, and cost per acquisition. Tying fees to KPIs creates a performance-based arrangement — make sure the metrics are clearly defined and measurable.
Is a marketing services agreement binding in Kenya?
Yes, under the Law of Contract Act (Cap. 23). The agreement should be specific about deliverables and timelines — 'providing marketing support' is too vague to be enforceable as written.
Who is liable if a marketing campaign causes brand damage?
The agreement should allocate this risk. The service provider is typically liable for content they created and approved without client sign-off. The client is liable for instructions they provided that caused the damage. A clear approval process with written sign-off protects both parties.