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Advertising Service Agreement
"I need an Advertising Service Agreement for my tech startup to engage a digital marketing agency for social media and online advertising services, with a focus on data protection compliance and performance-based fees, starting March 2025."
1. Parties: Identification of the advertising agency and the client, including full legal names and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement, including 'Services', 'Deliverables', 'Campaign', etc.
4. Scope of Services: Detailed description of advertising services to be provided, including types of advertising, channels, and deliverables
5. Agency Obligations: Key responsibilities and commitments of the advertising agency, including quality standards and compliance with advertising regulations
6. Client Obligations: Client's responsibilities, including providing necessary materials, approvals, and cooperation
7. Approval Process: Process for submitting, reviewing, and approving advertising materials and campaigns
8. Fees and Payment: Pricing structure, payment terms, expenses, and invoicing procedures
9. Intellectual Property Rights: Ownership and licensing of creative works, existing IP, and campaign materials
10. Data Protection: GDPR compliance, data processing terms, and data security requirements
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of agreement, renewal terms, and termination rights
13. Limitation of Liability: Liability caps, exclusions, and indemnification provisions
14. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Digital Advertising Terms: Specific terms for digital advertising, including online tracking, cookies, and digital metrics - include when digital advertising is part of services
2. Social Media Provisions: Specific requirements for social media advertising and management - include when social media services are provided
3. Performance Metrics: KPIs and performance measurement criteria - include when specific performance targets are agreed
4. Agency Team: Key personnel commitments and replacement provisions - include when specific team members are crucial to service delivery
5. Competitive Restrictions: Non-compete and exclusivity provisions - include when exclusive arrangements are agreed
6. International Advertising: Terms for multi-jurisdiction advertising - include when campaigns span multiple countries
7. Third-Party Costs: Management of third-party suppliers and pass-through costs - include when significant third-party services are involved
8. Crisis Management: Procedures for handling advertising-related controversies - include for high-risk or sensitive campaigns
1. Schedule 1 - Services Description: Detailed specification of advertising services, including deliverables and timelines
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rate cards, and payment terms
3. Schedule 3 - Service Levels: Performance standards, response times, and quality metrics
4. Schedule 4 - Brand Guidelines: Client's branding requirements and usage guidelines
5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
6. Schedule 6 - Approval Matrix: Decision-making hierarchy and approval thresholds
7. Appendix A - Campaign Brief Template: Standard template for campaign briefs and requirements
8. Appendix B - Report Templates: Templates for campaign performance and financial reporting
Authors
Retail
Financial Services
Technology
Healthcare
Consumer Goods
Entertainment
Automotive
Travel and Tourism
Food and Beverage
Telecommunications
Professional Services
Education
Real Estate
Non-Profit Organizations
Media and Publishing
Legal
Marketing
Procurement
Compliance
Commercial
Finance
Brand Management
Digital Marketing
Creative Services
Media Planning
Business Development
Operations
Marketing Director
Chief Marketing Officer
Procurement Manager
Legal Counsel
Advertising Manager
Brand Manager
Commercial Director
Compliance Officer
Agency Account Director
Creative Director
Media Planning Director
Digital Marketing Manager
Contract Manager
Business Development Manager
Marketing Operations Manager
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