Agreement for marketing services in a pharmacy. Sample agreement for the provision of marketing services concluded between legal entities

________________ "___"________ ___ _______________________________________, hereinafter referred to as "Customer", (full name or name) represented by ___________, acting on the basis of ___________, on the one hand, and __________________________________, hereinafter referred to as "Executor" ", (full name or name) represented by ___________, acting on the basis of __________, on the other hand, collectively also referred to as the "Parties", have entered into this Agreement as follows:
1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes, on the instructions of the Customer, to provide services for the analysis of factors influencing the consumer behavior of potential buyers of goods (services, works) defined by the Customer in the Terms of Reference, to develop recommendations for maximizing and satisfying consumer demand for goods (works, services) specified by the Customer (hereinafter - “marketing services”), and the Customer undertakes to pay the Contractor remuneration and reimburse expenses in the amount, manner and terms established by this Agreement.

1.2. Marketing services include:

1) determination of product, geographic, product boundaries of the market, calculation of its real and potential capacity, periodic determination of the degree of market saturation by monitoring funds mass media and the Internet;

2) analysis of factors influencing changes in the boundaries and capacity of the market;

3) market segmentation and determination of consumer types according to basic characteristics: age, gender, income, profession, social status, place of residence, objective need for the product offered, etc.;

4) study of the capacity of the Customer’s trade and distribution network and the networks of competitors serving each market, identifying their vulnerabilities;

6) search for potential buyers of goods (work, services) specified by the Customer;

7) providing assistance in drawing up an agreement (contract) for the supply of goods (performance of work, provision of services) taking into account the requirements of the legislation of the Russian Federation;

8) analysis of prices for goods (works, services) and/or their transportation, as well as recommendations for setting price levels.

1.3. If necessary, the Contractor, upon written instructions from the Customer, provides the following additional services:

1.3.1. Development of a marketing policy at the Customer’s enterprise based on an analysis of the consumer properties of manufactured products and forecasting consumer demand and market conditions.

1.3.2. Conducting research on the main factors shaping the dynamics of consumer demand for similar types of goods (works, services), identifying technical and other consumer qualities of competing goods (works, services).

1.3.3. Participation in the preparation of long-term and current plans for the production and sale of goods (works, services).

1.3.4. Collection and analysis of commercial and economic information, creation of a data bank on the marketing of goods (works, services) of the Customer (supply requests, production contracts, inventory availability, etc.).

1.3.6. Preparation of proposals for the formation of the corporate style of the Customer’s enterprise and corporate design of advertising products.

1.3.7. Participation, together with departments of the Customer’s enterprise, in the development of proposals and recommendations for changing the technical, economic and other characteristics of goods (works, services) in order to improve their consumer qualities and stimulate sales.

1.3.8. Preparation of proposals for technically sound planning and production of spare parts (by quantity and nomenclature).

1.3.9. Conducting office work within one’s competence, generating and sending/receiving correspondence and other information via electronic communication channels.

1.4. The Contractor provides services at its location.

If necessary, travel to other settlements all expenses of the Contractor are paid by the Customer based on:

Tickets: _________________________;

Accommodation (hotel): ________ rubles per day;

Meals: ________ rubles per day.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Contractor undertakes:

2.1.1. Provide the Customer with the services provided for in clause 1.2 of this Agreement and, if necessary, provided for in clause 1.3 of this Agreement.

2.1.2. Provide the Customer for review with a list of its employees with special education and professional skills who will provide marketing services under this Agreement.

2.1.3. Do not transfer or show to third parties the Customer’s documentation in the possession of the Contractor.

2.1.4. Cooperate in the provision of services under this Agreement with other contractors of the Customer.

2.1.5. Provide the Customer with written reports on the progress of the provision of services under this Agreement in the manner and within the time limits established by this Agreement.

2.1.6. Provide materials and conclusions to the Customer in electronic format via network communication channels or on magnetic media, and, if necessary, printed materials and conclusions.

2.1.7. Provide, at the request of the Customer, explanations to interested parties, including government and judicial authorities, on the materials provided by the Contractor in accordance with this Agreement.

2.2. The customer undertakes:

2.2.1. (if necessary) Provide the Contractor with premises equipped with workstations, office equipment, and communications equipment.

2.2.2. Provide the Contractor with documentation and other materials necessary for the provision of services under this Agreement.

2.2.3. Pay for the Contractor's services in the manner, terms and conditions established by this Agreement.

2.2.4. Provide the Contractor with information and materials necessary for the Contractor to fulfill its obligations under this Agreement.

2.2.5. Sign in a timely manner Certificates of provision of services by the Contractor.

2.3. The performer has the right:

2.3.1. Receive from the Customer any information necessary to fulfill its obligations under this Agreement. In case of failure to provide or incomplete or incorrect provision of information by the Customer, the Contractor has the right to suspend the performance of its obligations under this Agreement until the necessary information is provided.

2.3.2. Receive remuneration for the provision of services under this Agreement.

2.3.3. The Contractor has the right to refuse to fulfill obligations under the contract only if the Customer is fully compensated for losses.

2.4. The customer has the right:

2.4.1. Require the provision of services by the Contractor in accordance with clauses 1.2 and 1.3 of this Agreement.

2.4.2. The Customer has the right to refuse to fulfill the contract, subject to payment to the Contractor for the expenses actually incurred by him.

2.5. The Parties undertake to keep confidential commercial, financial and other confidential information received from the other Party during the execution of this Agreement.

3. PROCEDURE FOR EXECUTION OF THE AGREEMENT

3.1. The Contractor provides the services provided for in clause 1.2 of this Agreement in the following order:

Stage 1 - from "___"________ ___ to "___"________ ___ includes: _____________________________________.

Stage 2 - from "___"________ ___ to "___"________ ___ includes: _____________________________________.

Stage 3 - from "___"________ ___ to "___"________ ___ includes: _____________________________________.

3.2. The Contractor submits to the Customer monthly (option: quarterly, at the end of each stage) written reports on the progress of the provision of services under this Agreement, on the basis of which the Parties draw up and sign a Certificate of Provision of Services.

3.3. The Service Provision Certificates signed by the Parties are confirmation of the provision of services by the Contractor to the Customer.

3.4. Reports are submitted by the Contractor by the ___ day of the month following the reporting period.

3.4.1. A report on the provision of services is drawn up and signed by the Parties within ___ (______) business days from the date of submission of the report, provided that the Customer does not have any claims to the services provided by the Contractor. If there are disagreements when drawing up and signing the Certificate of Provision of Services, the Parties agree on all the disagreements that have arisen, after which they sign the Certificate of Provision of Services.

3.5. If there is a need to provide additional services provided for in clause 1.3 of this Agreement, the Contractor undertakes to provide services within _____________________ from the date of receipt of the relevant written assignment from the Customer.

(Option: if there is a need to provide additional services provided for in clause 1.3 of this Agreement, the Parties agree on the procedure for their provision by concluding an additional agreement to this Agreement).

4. PAYMENT PROCEDURE

4.1. The cost of marketing services (Contractor's remuneration) is: ______ (______) rubles, including VAT ________ (______) rubles, and includes:

4.1.1. The cost of stage 1 is ______ (______) rubles, including VAT ______ (______) rubles.

4.1.2. The cost of stage 2 is ______ (______) rubles, including VAT ______ (______) rubles.

4.1.3. The cost of stage 3 is ______ (______) rubles, including VAT ______ (______) rubles.

4.2. The Contractor's reimbursable expenses for ____________________________ (types of expenses) amount to ______ (______) rubles, including VAT ______ (______) rubles.

4.3. Other expenses not specified in clause 4.2 of this Agreement will be reimbursed by the Contractor at the expense of his remuneration.

4.4. The remuneration is paid by the Customer by transferring it to the Contractor's bank account.

4.5. The date of payment of remuneration is considered the day of enrollment Money to the Contractor's bank account.

4.6. The cost of additional services specified in clause 1.3 of this Agreement is ______ (______) rubles, including VAT ______ (______) rubles.

(Option: if there is a need to provide additional services provided for in clause 1.3 of this Agreement, the Parties agree on their cost, as well as the procedure and terms of payment, by concluding an additional agreement to this Agreement).

4.7. In case of impossibility of performance due to the fault of the Customer, services are subject to payment in full.

4.8. In the event that the impossibility of performance arose due to circumstances for which neither Party is responsible, the Customer shall reimburse the Contractor for the actual expenses incurred.

5. RESPONSIBILITY OF THE PARTIES

5.1. For failure to fulfill or improper fulfillment of their obligations under this Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.

5.2. Neither Party will be liable for complete or partial failure to fulfill its obligations under this Agreement if such failure is a consequence of circumstances force majeure such as fire, flood, earthquake, strikes and others natural disasters, war and hostilities or other circumstances beyond the control of the Parties that impede the implementation of this Agreement and arose after its conclusion.

If any of such circumstances directly affected the failure to fulfill the obligation within the period specified in the Agreement, then this period is proportionately extended for the duration of the relevant circumstance.

5.3. The Party for which it has become impossible to fulfill its obligations under the Agreement is obliged, no later than ____ days from the moment of their occurrence and termination, to notify the other Party in writing of the occurrence, expected duration and termination of the above circumstances.

6. PROCEDURE FOR CONSIDERATION OF DISPUTES

6.1. All disputes and disagreements under this Agreement that may arise between the Parties will be resolved through negotiations.

6.2. If settlement is not possible controversial issues During the negotiation process, disputes are subject to consideration in the Arbitration Court of ______________.

7. TERM OF THE AGREEMENT

7.1. The validity period of this Agreement is from "___"_______ ___ to "___"_______ ___.

7.2. This Agreement may be terminated by mutual agreement of the Parties.

7.3. If neither Party declares its desire to terminate this Agreement _____ (_______) days before the end of its validity period, this Agreement is considered extended for the next _________________ (specify period) on the same terms.

7.4. All changes and additions to this Agreement are considered valid provided that they are made in writing and signed by authorized representatives of both Parties.

8. OTHER TERMS

8.1. All additional agreements of the Parties, Acts and other Appendices to this Agreement, signed by the Parties when executing this Agreement, are an integral part of it.

8.2. This Agreement is drawn up in two copies, each having the same legal force, one for each Party.

9. ADDRESSES AND DETAILS OF THE PARTIES

Customer: ________________________________________________________________

_________________________________________________________________________

Performer: ____________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

SIGNATURES OF THE PARTIES:
Customer: Contractor: __________________________ _________________________ M.P. M.P.

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A flexible approach is required to get results. The psychological significance of the back margin factor for many pharmacy chains is at its peak. And it is unacceptable not to take this into account when planning marketing activities in the pharmacy market. This is precisely the “psychological” significance, because The economic contribution of the back margin almost never exceeds the contribution of other profitability factors.

The above thesis can be easily demonstrated with an example (Table 1).

In none of the examples does the back margin exceed gross revenue. There is, however, a myth that you can make a zero markup and live only on volume stores, but this approach is possible either for very large system discounters (by the way, none of them work according to this scheme), or for networks that do not know how to manage pricing (however, their life in such a model is limited to one or two years 1).

At the same time, almost every pharmaceutical manufacturer has its own unique approach to building a marketing contract with pharmacy chains and the logic of payments. They differ in the volume of payments, classification of pharmacy chains, existing options, etc.

In this article, we will, firstly, consider the prerequisites for the formation of a new logic of interaction between pharmacy chains and pharmaceutical manufacturers, and secondly, we will identify the main techniques used by pharmaceutical companies and highlight the most interesting among them in the current subscription campaign.

Differences between pharmacy chains and their classification

Pharmacy chains in the domestic market differ from each other, and those methods that work well in one chain may be ineffective or even counterproductive in a different type of pharmacy chain.

Therefore, already at this stage, pharmaceutical company employees should think about how their offer is differentiated and allows them to use for their own purposes strengths one or another pharmacy chain.

Classifications of pharmacy chains for pharmaceutical manufacturers

Let's consider the main factors influencing the fulfillment by pharmacy chains of the terms of the contract with pharmaceutical manufacturers. There may be many more of these factors, but the article lists those that must be taken into account.

1. Reputation of the pharmacy chain and business owners (managers).

Behind Lately Several significant events took place in the pharmaceutical market that undermined the existing relations between pharmaceutical manufacturers and pharmacy chains. At the same time, it became possible to identify players who keep the “merchant’s word” and those who treat their obligations “creatively” (but still within the law).

In my opinion, many employees of pharmaceutical companies seriously underestimate this factor and continue to finance some unscrupulous players in the market, which, of course, leads to dissatisfaction with honest participants. Don’t be deceived: if they “creatively” circumvent the fulfillment of contract terms in relation to other market participants, then sooner or later it will be your turn.

By the way, this does not mean that there is no need to enter into marketing agreements with such networks. Not at all! You just need to take into account and include risks in the contract (reducing factors), increase the degree of reporting and control over the fulfillment of conditions, and be ready to leave cooperation at any time.

Thus, the conditions for pharmacy chains with polar values ​​of the “reputation” parameter should be different.

2. Payment discipline.

Imagine that a certain pharmacy chain is delaying payments to distributors. Can you guess how likely she is to fulfill the terms of the marketing contract? And if a pharmaceutical manufacturer suddenly pays a fixed part of the contract (for display, minimum inventory balance, introduction of new products, etc.), where will this money most likely go? To fulfill the terms of the contract or to pay off debt to the distributor?

Don’t be lazy - before concluding an agreement, take an interest in the financial condition of the pharmacy chain and its payment discipline. In the market in 2016, and especially in 2017, there were many examples of sales/bankruptcy of networks. Of course, this is not a factor that increases the likelihood of fulfilling the terms of the contract.

3. Relationship history.

An interesting feature is that the length of the relationship between the pharmaceutical manufacturer and the pharmacy chain often works in favor of the pharmacy chain.

4. Sales volume, turnover and other financial indicators.

The main financial indicators that need to be taken into account when classifying pharmacy chains by a pharmaceutical manufacturer are:

  • total turnover of the pharmacy chain (TO, rub.);
  • turnover of the pharmaceutical manufacturer's portfolio (TO FP, rub.);
  • the ratio of turnover in the pharmaceutical manufacturer’s portfolio to total turnover (TO FP/TO, %);
  • difference in the ratio of turnover in the pharmaceutical manufacturer's portfolio to the total turnover of TO FP /TO, % relative to: the average market value; contract retail; non-contractual retail.

And the most important thing! It is necessary to evaluate not static indicators, but their dynamic changes over previous periods (with equal time intervals, at least quarterly, and preferably monthly 2).

But such loose concepts as “federal”, “regional”, “local” pharmacy chain, as a rule, carry little meaning and do not have a direct connection with the degree of fulfillment/non-fulfillment of the contract 3.

Some pharmaceutical manufacturers use the integral indicator “controllability and transparency of the pharmacy network.” This indicator was created to assess the following skills:

  • create and maintain an assortment matrix;
  • manage pricing;
  • manage pharmaceutical recommendations and sales in pharmacies.

This issue is discussed in detail in the series of articles “Express assessment of the effectiveness of process management in a pharmacy chain” 4.

Let me give you a few examples. If we talk about the formation of the assortment in the pharmacy chain, then such factors as the decentralized formation of the assortment matrix, the lack of a standard for the formation of the assortment matrix, the presence of several hierarchical levels, a large number of“local” matrices, a poor assortment directory (lack of unification, duplicate positions, lack of product categories) significantly reduce the network’s ability to manage the assortment and, consequently, sales, which ultimately reduces the likelihood conscientious fulfillment sales plan.

But how does pharmacy chain pricing affect contract performance? Example. If a pharmacy chain includes a back margin in the price, then this does not bode well for the pharmaceutical manufacturer. Yes, the pharmacy chain may grow and fulfill the plan, but this will undermine in the medium term the sales of the pharmaceutical manufacturer’s portfolio in other chains (both contracted and non-contracted). There are more and more examples on the market when large pharmacy chains begin to remove from their assortment products that are actively sold by discounters with low or negative markups.

Recommendation management – a powerful factor that is not found in every network. Suffice it to remember what legends are circulating in the market about one pharmacy chain from Samara, which has wiretapping of pharmacists’ work, and how “wonderfully” it works.

Another factor: the availability of a warehouse and a wholesale license. Under one logic of marketing contact, this factor is extremely interesting for the pharmaceutical manufacturer 5; under another, it can be negative 6. I think it is obvious that for a pharmacy chain with its own warehouse/distribution center/distributor and for a chain with a comparable sales volume, but without a warehouse, the marketing contract should be different.

Below we will look at how the classification of pharmacy chains can influence the marketing terms of interaction and how a “flexible contract” helps a pharmaceutical manufacturer use this to its advantage.

Flexible contract

It should be recognized that the classic approach of “percentage per volume (increase)” has exhausted itself for most pharmaceutical companies and is today an absolutely ineffective tool. Before moving on to the logic of drawing up a marketing contract, I propose to highlight the key factors that pharmacy chains and pharmaceutical manufacturers are interested in when building joint work.

Expectations of a pharmacy chain from a marketing contract with a pharmaceutical manufacturer:

  • minimal or no growth;
  • guaranteed fixed payments;
  • high level payments increasing from year to year;
  • taking into account the organic growth of the pharmacy chain as a base increase;
  • payment only advantageous positions, ideally – pre-medication payment, no portfolios/packages;
  • minimum transparency, take your word for it.

Expectations of a pharmaceutical manufacturer from a marketing contract with a pharmacy chain:

  • work across the entire portfolio, preferably across all pharmacies in the network;
  • availability of minimum inventory for all items;
  • no fixed payments, payments only for growth;
  • complete transparency of the pharmacy network;
  • growth only like-for-like (without taking into account organic growth);
  • payments in the form of interest for growth in all or part of the portfolio.

Main mistakes when preparing a contract

We will call a pharmaceutical manufacturer’s portfolio all the drugs included in the contract, and a package – a group of products united by general conditions, for which the bonus depends on the fulfillment of the conditions for all products included in one package 7 .

  1. Uniform conditions for the entire pharmaceutical manufacturer’s portfolio. An attempt to equalize conditions for goods with different economic profiles leads to the fact that the pharmaceutical manufacturer will overpay for some items and underpay for others. In addition, it is difficult to calculate how the pharmacy chain will fulfill the plan for the portfolio in packages. As a rule, in this case, the chain strives to fulfill the plan for positions that are profitable for itself and reduce sales of low-profit goods.
  2. Distribution of drugs into packages without proper consideration of their economic parameters. A classic example is the compilation of packages not on an economic basis, but, for example, on a therapeutic basis. In this case, the drugs in the package are united by one nosology: vitamins, cardiovascular, gastrointestinal, etc. The same variation is the division of the portfolio according to OTC and Rx criteria. As a rule, such divisions are a consequence of the classification adopted in the pharmaceutical company; it is simply more convenient for employees to work this way. Such packages also do not take into account the economic profiles of the drugs included in them.
  3. Calculation of package conditions in a “random” manner. The simplest conditions for the package are the size of the increase and the amount of payments. It is clear that it can be difficult to change the size of the growth of a particular pharmacy chain, due to the fact that this plan is broadcast by the headquarters, but it is possible to correctly calculate the volume and structure of payments!

A simple classification of payment methods for volume agreements

  • Percentage for sales volume without a plan.
  • Percentage for sales volume when fulfilling a plan with open or increased growth of payments for overfulfillment.
  • Percentage for volume when executing a plan with a closed increment (overfulfillment is not taken into account) or with a step plan (plan options).
  • Percentage on sales volume with a guaranteed fixed payment if the plan is not met.

General rule for pharmaceutical companies. The share of fixed payments for a portfolio (not a package!) should not exceed 30% of the total amount of payments. NB! Not a sales plan, but a payment plan. In what cases an increase in fixed payments is permissible is discussed in the article “Assessment of the competitive environment of the company’s OTC and Rx drugs in product category 8.”

Marketing options constructor and classification of pharmacy chains

Let's consider how various options for volumetric agreements can be used to various types pharmacy chains. We present to your attention the following case.

For a differentiated approach to various types of pharmacy chains, pharmaceutical company employees in a joint project with the author of the article:

  • All pharmacy chains with which the pharmaceutical company works were classified according to two parameters (trade turnover and the index of reliability and controllability of the pharmacy network) into 9 groups - groups A, B and C for turnover and 25, 15, 10 for the manageability index.
  • We divided our portfolio into 3 packages - P1, P2 and P3.
  • Calculated variable values ​​and defined different options for all types of networks.

The pharmaceutical manufacturer's contract has the following variables:

  • Sales plan by package (Pl.Pr.).
  • Payout percentage for packages (x P%).
  • Number of packages included in the contract (P1, P2, P3).
  • Share of fixed payments (fix).
  • Open, stepped or closed volume agreement plan.
  • The presence or absence of mandatory requirements.

The result was a basic marketing contract constructor for various types of pharmacy chains (Table 2).

In the current subscription campaign, those pharmaceutical companies that will use a flexible (but within the standard) approach to the contract with pharmacy retail will achieve the best result.

Back margin factor: Everything will change tomorrow

Interest in the back margin factor among pharmacy chains is now at its peak. Most likely, this trend will decline in the next year or two. The reasons for this will be the following factors.

  1. The cyclical nature of economic processes. Any economic process in the capitalist economic model develops in a spiral. The first stages are characterized by a small number of participants and the average profitability of the technology, the second stage is characterized by an average number of participants and a gradual increase in the level of income to the maximum; then, at the beginning of the third stage, a high level of income attracts a large number of new participants, which leads to a sharp decrease in the profitability of the process for the vast majority of participants. According to the author, the economic significance of the factor of marketing contracts and back margin for pharmacy chains is now at the beginning of the 3rd stage.
  2. In the past year, many pharmaceutical manufacturers have reached the ceiling of their payment capabilities, while they have received unsatisfactory results in terms of sales growth 1, which has led to a revision of marketing budgets for the next year.
  3. Introduction of markings. The significance of this legislative initiative cannot be overestimated. There is a basic economic rule that says: the more transparent the market, the less participants in the supply chain earn. The introduction of marking will lead to:
    — ​to the impossibility of fulfilling many “gray” schemes for fulfilling plans, which are actively used by some pharmacy chains (“overflows”, “drains”, etc.);
    — to transparency (possibly!) of sales for pharmaceutical manufacturers, which will reduce the need to pay for sales reports.
    In addition, labeling will quickly and clearly identify ineffective pharmacy chains, which do not necessarily need to be paid.
  4. There is a high probability of the emergence (expansion) of legislative initiatives prohibiting or reducing payments from pharmaceutical manufacturers to pharmacy chains. Such restrictions are already in place in the FMCG market. Moreover, this has already partially affected the pharmacy market in terms of dietary supplements. Expansion of the existing law is a matter of time. It is very likely that this will be done after the presidential elections. Some readers will say that it’s okay. There are workarounds that are actively used by grocery retailers and that the pharmacy market can adopt. Of course have. But will “compliance” pharma participate en masse in these maneuvers? Hardly. Just look at how payments to doctors have changed over the past 10 years. There the peak of payments was earlier, and then began to decline (more precisely, it was seriously transformed).
  5. Overestimation of the importance of the back margin factor for pharmacy chains.

All these factors will lead to the fact that the existing logic of interaction between pharmaceutical manufacturers and pharmacy chains will change again. And we need to prepare for this now. Only one thing will remain unchanged - that the contract must be flexible.

1 A good example is the events with one of the pharmacy chains in Izhevsk in 2017.

2 For those who do not know where to get this data, we will answer that it is absolutely possible to obtain and process the numbers, but this requires certain labor costs. This works well for pharmaceutical manufacturers with a strong analytics department.

3 It should be noted that this classification differs significantly among different research companies, as well as pharmaceutical manufacturers.

4 P. Lisovsky " Express assessment of the effectiveness of process management in the pharmacy chain».

5 Accurate and timely fulfillment of the terms of the contract.

6 Possibility of goods flowing into the market if the contract is incorrectly drawn up.

7 Logic building drug packages in the portfolio of a pharmaceutical manufacturer.

8 P. Lisovsky “Assessment of the competitive environment of the company’s OTC and Rx drugs in the product category” // “Pharmaceutical Bulletin”, No. 19, September 2017.

9 Moreover, this statement is true for both Big Pharma companies and medium-sized players.

Pavel Lisovsky, Managing Partner, Control Systems Design

Contract for the provision of marketing services St. Petersburg "___" __________ 199 __ __________________________________________________________________ represented by ___________________________________________________, acting on the basis of the charter, hereinafter referred to as the “Customer”, and the non-profit organization __________________________________________________________ represented by ___________________________________________________________________, acting on the basis of the charter, hereinafter referred to as the “Contractor”, collectively referred to as the “Parties”, have entered into this agreement as follows. 1. Subject of the agreement 1.1. The Contractor undertakes, on the instructions of the Customer, to provide the latter with marketing research services for the market of buyers of the goods specified in Appendix 1. 1.2. The purpose of the marketing research is to determine consumer demand for the goods specified in Appendix 1 in the consumer market of the northwestern region. 2. Rights and obligations of the Parties 2.1. The Customer, within ___ days from the date of signing this agreement, provides the Contractor with samples of goods in accordance with Appendix 1, as well as technical documentation and promotional materials for these goods. 2.1.1. The Customer is obliged, during the term of this agreement, to provide the Contractor with any information about the goods in accordance with Appendix 1, including information on the production and sales of these goods in other markets, upon the written request of the Contractor. 2.1.2. Upon acceptance and transfer to the Contractor by the Customer of samples of goods in accordance with Appendix 1, as well as technical documentation and advertising materials for these goods, the Parties draw up and sign a transfer and acceptance certificate. 2.2. The Contractor, within ____ days from the date of receipt of samples, technical documentation and advertising materials from the Customer, begins to provide marketing research services. 2.3. In order to provide marketing services, the Contractor carries out the following actions within one month; studies specifications similar goods offered on the market by other manufacturers (distributors); studies and systematizes data on prices for similar goods; conducts a survey of buyers of similar goods at places where goods are sold; conducts surveys of potential buyers of goods, including wholesale buyers; Conducts product presentations during which surveys are conducted. 2.4. Based on the information obtained during the research, the Contractor, no later than "__" _________ 199 __, draws up and submits to the Customer an information report on the results of the marketing research. The information report must contain: data obtained by the Contractor during the research; conclusions based on the data obtained as a result of the study; calculation of the Contractor's expenses. The data obtained as a result of the study should be presented in the form of questionnaires, summary tables and graphs. When accepting and transmitting the report, the Parties sign the acceptance certificate. The Contractor shall attach to the information report documents evidencing expenses incurred in the execution of this contract. 2.6. Within ___ days from the date of delivery of the report, the Contractor returns to the Customer, according to the acceptance certificate, the received samples of goods in accordance with Appendix 1, as well as technical documentation and advertising materials for these goods. 3. Payment procedure 3.1. For the services provided under this agreement, the Customer pays the Contractor a fee in the amount of __________________________________. 3.2. The remuneration specified in clause 3.1 is payable within ___ days from the date of transfer of the information report to the Customer. 3.3. Simultaneously with the payment of remuneration, the Customer pays the Contractor all the costs associated with the provision of services under this agreement. The amount of the Contractor's expenses is determined on the basis of the Contractor's information report, as well as documents evidencing the expenses incurred. 4. Other conditions 4.1. The responsibility of the Parties under this agreement is determined in accordance with the current legislation. 4.2. This Agreement shall enter into force from the moment of its signing by the Parties and shall be terminated by proper execution. 4.3. This agreement has been drawn up in two copies - one for each party. 4.4. All changes and additions to this agreement must be made in writing and signed by the Parties. 4.5. The Contractor has the right to withhold samples of goods received from the Customer in accordance with Appendix 1, as well as technical documentation and promotional materials for these goods until full payment for its services, as well as expenses under this contract. 5. Addresses and signatures of the Parties 5.1. Performer: _________________________________________________ 5.2. Customer: _____________________________________________________ Customer __________________________________________________________ (signature) Contractor __________________________________________________________ (signature)

A marketing services agreement is popular among companies seeking to achieve success. Its conclusion and termination are regulated by Chapter 39 of the Civil Code of Russia, which deals with the provision of paid services.

Marketing concept

To understand the secret of such popularity, you need to consider the very concept of marketing. Marketing is a set of measures by which a company influences the market and makes a profit. It includes:

  • market research;
  • sales promotion;
  • pricing;
  • organizing the movement of products to consumers;
  • organization of after-sales service.

Marketing is the basis of effective economic activity. It ensures interaction between the seller and the buyer, allows you to adapt to changes in the market and build your activities taking into account trends in market changes.

However, not every business can afford to hire a marketer on a permanent basis; then it resorts to concluding a contract for the provision of marketing services. Special requirements There is no sample contract, it usually has a simple written form in accordance with the example below.

  • name indicating the type of service and number;
  • place and date of signing the document;
  • sides;
  • Description of services;
  • deadlines;
  • procedure for payment for work performed;
  • acceptance of work;
  • general provisions;
  • Full name, passport details, addresses/name, details;
  • signatures, seals.

Responsibilities of the parties to the contract

Both legal entities and individuals can be parties to the agreement; the same sample document is used. The party providing the services is called the contractor. The Contractor must carry out its activities in accordance with the norms of KVED DK 009:2010.

It should be noted that here the phrase “marketing services” is replaced by the expressions “market research” and “activities to identify public opinion”, however, the same thing is implied.

The customer is responsible for entering the costs of marketing services into the accounting documentation. They are recorded in the report line “Other expenses” and are fully or partially taken into account when determining the amount of income tax (Articles 138, 139, 160, 161 of the Tax Code of the Russian Federation).

The Tax Code requires the execution of a document that would confirm the provision of marketing services. Such a document is an act of acceptance and transfer of services or a written report on the marketing research. The act is prepared by the contractor and signed by the customer within three days, if he has no complaints.

If he is not satisfied with something about the quality of the services provided, he is obliged to justify his position in writing. The report should contain conclusions regarding the market being studied and a list of recommended actions.

Marketing agencies offer a wide range of services at varying prices. It is necessary to describe in detail the services ordered, not limited to general phrases. It is important to remember that similar formulations may hide absolutely different concepts. A detailed description will help avoid misunderstandings and disputes between the parties during the execution of the contract.

The company can order:

  • market research of individual consumers or enterprises;
  • demand research;
  • division of the market into parts (segments) and selection of a suitable segment;
  • determining the position of the product in the market;
  • product development (main characteristics, color scheme, fonts, instructions, packaging, etc.);
  • setting the optimal price;
  • distribution of goods by appropriate methods;
  • attracting the attention of buyers to the product (advertising);
  • assessment of project effectiveness;
  • recommendations based on the study.


Market research and product promotion

Market research involves studying the current situation on it:

  • which companies are represented, which of them are competitors;
  • what is the range of goods; trends in product sales;
  • import and export of similar products;
  • What are the needs of buyers? number of potential buyers;
  • sales forecast;
  • risk assessment;
  • payback period for capital investments in the production of a given product, etc.

This is a very capacious concept. To research the market, you need to do a lot of work collecting and analyzing relevant materials. This is reflected in the cost of this service.

If the preparation and use of advertising is given important role in the list of services provided, the phrase “advertising and marketing services” appears in the title of the contract. Advertising, or promotion, of a product is an effective means of providing information about a product, creating a good image for it, developing customer enthusiasm for this product and increasing sales.

The greatest effect is achieved when it is not just a single product that is promoted, but the entire company. The higher its prestige rises, the easier it is to induce consumers to purchase new goods from its production. Under the influence of advertising, they gradually switch to more expensive products and faithfully support the commercial activities of this company with their own funds.

Concluding a marketing services agreement is a sure step towards the company conquering a certain niche in the market, acquiring regular customers, making a profit and further development. Achieving these goals justifies the significant expenses that the company incurs on marketing services.

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