Agreement for a marketing and performance agency

The agreement and statement of work must identify the strategy, campaigns, creative assets, copy, community management, reporting and included hours. Unplanned activities must have an estimation and approval procedure.

The client’s responsibilities — access, brief, prices, stock, legal claims and approvals — affect deadlines. Client delays must not automatically become the agency’s liability.

• the deliverables schedule and included channels;
• the number of concepts and revisions;
• the persons authorised to approve;
• response times and the effect of silence;
• the rate for urgent work and projects outside the scope.

The media budget must be paid and documented separately from the agency fee. The agreement establishes who contracts with the platform and who bears taxes, exchange-rate differences, fraud and account suspensions.

Advertising, analytics and tag manager accounts, domains and audiences should, where possible, be created within a structure controlled by the client, with access granted to the agency. On termination, transfer must be provided for without blocking data.

CTR, CAC, ROAS, leads and conversions must be defined together with the data source, attribution window, returns and excluded events. Platform, store and CRM data may yield different results.

The agency may undertake obligations of care, testing and optimisation. A guaranteed outcome should be accepted only where the relevant variables are controllable and the measurement mechanism is stable.

The agreement must establish rights in strategies, templates, creative assets and pre-existing materials. Licences for fonts, stock, music and software may have limitations that must be communicated to the client.

Data processing for audiences, tracking, leads and CRM requires GDPR roles and instructions. On termination, files, access, history, permitted audiences and documentation are handed over, and data is returned or deleted in accordance with the established roles.