Marketing Services Agreement in Kenya

A Marketing Services Agreement in Kenya is a formal contract that outlines the relationship between a business owner and a marketing consultant. This agreement is essential for property developers, small to medium-sized enterprises (SMEs), and any business seeking to outsource marketing, public relations, or sales coordination services.

What is a Marketing Services Agreement?

It’s a legally binding document where a client hires a consultant to provide marketing and consultancy services for a specific project or property. In Kenya, these agreements are commonly used in the real estate sector, especially for large developments like gated communities, estates, and land sale projects.

Key Features of a Kenyan Marketing Services Agreement

• Scope of Work: Clearly outlines the marketing and PR services to be offered, including coordination of sales teams, supervision of campaigns, and brand promotion.

• Payment Terms: Defines the consultant’s fees, including whether payment is in cash, property, or a combination of both. It may include milestone-based payments tied to project performance.

• Timeline: Specifies the duration of the contract—often starting with an initial term (e.g., 3 months) and renewable based on progress.

• Termination Clauses: Allows either party to terminate the agreement under specific conditions, such as non-performance or breach of payment terms.

• Confidentiality & Dispute Resolution: Protects both parties’ interests by ensuring information confidentiality and outlining how disputes will be resolved—usually through negotiation or Kenyan courts.

Without a proper agreement, disputes over payments, deliverables, or timelines are common. A written contract not only protects your interests but also establishes clear expectations for both parties, improving accountability and outcomes.