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Marketing Support Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Marketing Support Agreement

"I need a Marketing Support Agreement governed by Hong Kong law for engaging a digital marketing agency to handle our e-commerce platform's marketing activities across Asia, with special attention to data privacy and cross-border marketing regulations, starting March 2025."

Document background
The Marketing Support Agreement is essential for businesses operating in Hong Kong that engage external marketing service providers. This document is particularly relevant in Hong Kong's dynamic business environment, where marketing activities must comply with local regulations while meeting international standards. The agreement typically covers comprehensive marketing services, including traditional and digital marketing, brand promotion, campaign management, and performance tracking. It is designed to address key aspects such as service scope, deliverables, intellectual property rights, data protection (under Hong Kong's Personal Data (Privacy) Ordinance), and compliance with local advertising and consumer protection laws. This document is crucial for establishing clear expectations, protecting both parties' interests, and ensuring marketing activities align with Hong Kong's legal and regulatory requirements.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and business relationship

3. Definitions and Interpretation: Key terms and their meanings used throughout the agreement

4. Scope of Services: Detailed description of marketing support services to be provided

5. Service Provider's Obligations: Key responsibilities and commitments of the marketing service provider

6. Client's Obligations: Responsibilities and commitments of the client

7. Fees and Payment Terms: Pricing, payment schedule, and related financial terms

8. Performance Metrics and Reporting: KPIs, reporting requirements, and performance evaluation criteria

9. Intellectual Property Rights: Ownership and usage rights of marketing materials and content

10. Confidentiality: Protection of confidential information and trade secrets

11. Compliance with Laws: Obligation to comply with relevant Hong Kong laws and regulations

12. Term and Termination: Duration of agreement and termination provisions

13. Liability and Indemnification: Limitation of liability and indemnification obligations

14. General Provisions: Standard boilerplate clauses including governing law, notices, etc.

Optional Sections

1. Data Protection and Privacy: Required when personal data processing is involved in marketing activities

2. Digital Marketing Services: Specific provisions for online marketing activities and digital platforms

3. Cross-border Marketing: Required when marketing activities extend beyond Hong Kong

4. Industry-Specific Compliance: Additional compliance requirements for regulated industries

5. Subcontractor Provisions: Required when third-party service providers may be engaged

6. Marketing Content Approval Process: Detailed procedures for content review and approval

7. Crisis Management: Procedures for handling marketing-related crises or controversies

8. Non-Compete and Non-Solicitation: Restrictions on competitive activities and employee solicitation

Suggested Schedules

1. Schedule 1 - Service Level Agreement: Detailed performance standards and service levels

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

3. Schedule 3 - Approved Marketing Channels: List of authorized marketing platforms and channels

4. Schedule 4 - Brand Guidelines: Client's branding requirements and usage guidelines

5. Schedule 5 - Reporting Templates: Standard formats for performance and activity reporting

6. Schedule 6 - Key Personnel: List of key team members and their roles

7. Appendix A - Compliance Checklist: Regulatory compliance requirements and checkpoints

8. Appendix B - Content Approval Flow: Step-by-step process for content review and approval

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses








































Relevant Industries

Retail

E-commerce

Financial Services

Technology

Consumer Goods

Professional Services

Healthcare

Real Estate

Hospitality

Education

Entertainment

Fashion and Luxury

Food and Beverage

Telecommunications

Relevant Teams

Legal

Marketing

Procurement

Compliance

Finance

Business Development

Brand Management

Digital Marketing

Corporate Communications

Operations

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Marketing Manager

Digital Marketing Manager

Account Director

Business Development Manager

Legal Counsel

Procurement Manager

Compliance Officer

Contract Manager

Agency Relations Manager

Marketing Operations Manager

Chief Commercial Officer

Marketing Consultant

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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