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Marketing Retainer Agreement

Ongoing monthly marketing services with defined hours, deliverables, and rollover policies.

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What's included

Scope of Ongoing Marketing Services

Defines the recurring marketing activities, deliverables, strategic support, reporting obligations, excluded services, and approval responsibilities for the retainer.

Monthly Retainer Fees and Included Hours

Sets the fixed monthly retainer amount, included service hours, billing schedule, invoice terms, taxes, and treatment of work beyond the included hours.

Unused Hours and Rollover Policy

Explains whether unused hours expire or roll over, any limits on carryover, and how rollover hours may be scheduled or forfeited.

Client Materials, Content Ownership, and Licenses

Allocates ownership of client-provided assets, final deliverables, working files, third-party materials, and licenses needed to perform campaign work.

Confidentiality and Non-Disclosure

Requires each party to protect confidential business, campaign, audience, pricing, analytics, and strategy information disclosed during the engagement.

Performance Metrics and No Guaranteed Results

Clarifies reporting practices, campaign measurement, client dependencies, platform variables, and that marketing outcomes such as sales, ranking, engagement, or conversion results are not guaranteed unless expressly stated.

Term, Renewal, and Termination

Establishes the initial term, renewal process, termination notice requirements, payment obligations upon termination, and transition responsibilities.

Limitation of Liability and Dispute Resolution

Limits certain damages, addresses indemnity or risk allocation for client-approved materials, and provides a process for resolving disputes under the selected governing law.

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Frequently asked questions

What should a marketing retainer agreement include?
It should identify the parties, monthly retainer fee, included hours, scope of services, deliverables, billing terms, rollover policy, confidentiality obligations, content ownership, performance reporting, and termination rights.
Can unused retainer hours roll over to the next month?
Yes, if the agreement allows it. The contract should state whether unused hours expire, roll over for a limited period, require written approval, or are subject to scheduling and capacity limits.
Does a marketing retainer guarantee campaign results?
Usually no. Marketing agreements commonly state that the provider will use professional efforts but cannot guarantee sales, rankings, conversions, engagement, or platform performance unless a specific guarantee is expressly agreed.
Who owns the marketing content created under the retainer?
Ownership depends on the contract terms. Many agreements transfer final approved deliverables to the client after payment while allowing the provider to retain pre-existing tools, templates, concepts, working files, and general know-how.

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Templates/Marketing Retainer Agreement