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Advertising Service Agreement

Advertising Service Agreement Template for India

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Key Requirements PROMPT example:

Advertising Service Agreement

"I need an Advertising Service Agreement for my tech startup to engage a digital marketing agency for a 12-month campaign starting January 2025, focusing on social media advertising and content creation, with monthly performance reporting requirements."

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Document background
The Advertising Service Agreement is a crucial document used when a business engages an advertising agency for promotional services in India. It's designed to protect both parties' interests while ensuring compliance with Indian advertising laws, including the ASCI guidelines and Consumer Protection Act, 2019. This agreement typically details the scope of advertising services, approval processes, intellectual property rights, payment terms, and performance metrics. It's particularly important in the Indian market where advertising regulations are becoming increasingly stringent and the digital landscape is rapidly evolving. The document serves as a comprehensive framework for managing the agency-client relationship, outlining responsibilities, deliverables, and compliance requirements.
Suggested Sections

1. Parties: Identifies and provides details of the advertising agency and the client

2. Background: Outlines the context of the agreement, including the client's need for advertising services and the agency's capabilities

3. Definitions: Defines key terms used throughout the agreement including 'Services', 'Deliverables', 'Advertising Materials', 'Campaign', etc.

4. Scope of Services: Detailed description of advertising services to be provided, including types of advertising, channels, and campaign scope

5. Agency Obligations: Specifies the agency's responsibilities, deliverables, and performance standards

6. Client Obligations: Outlines client's responsibilities including providing necessary information, approvals, and materials

7. Approval Process: Details the procedure for client review and approval of advertising materials

8. Fees and Payment Terms: Specifies service fees, payment schedule, expenses, and invoicing procedures

9. Intellectual Property Rights: Addresses ownership and licensing of creative materials, existing IP, and newly created content

10. Confidentiality: Protects confidential information exchanged during the service relationship

11. Compliance with Laws: Ensures compliance with advertising laws, ASCI guidelines, and other relevant regulations

12. Term and Termination: Specifies agreement duration, renewal terms, and termination conditions

13. Indemnification: Mutual indemnification provisions for various risks including IP infringement and advertising claims

14. General Provisions: Standard boilerplate clauses including notices, amendment process, governing law, etc.

Optional Sections

1. Digital Advertising Services: Detailed section for digital advertising including social media, SEO, and online campaigns - include when digital services are part of scope

2. Data Protection and Privacy: Specific provisions for handling consumer data in advertising - include when personal data processing is involved

3. Performance Metrics: Defines KPIs and performance measurement criteria - include when specific performance targets are agreed

4. Agency of Record: Exclusive appointment provisions - include when agency is appointed as sole advertising partner

5. Third-Party Vendors: Management of external vendors and subcontractors - include when third-party services are needed

6. Creative Brief Process: Detailed process for creating and approving creative briefs - include for complex campaigns

7. Media Buying: Specific terms for media purchasing and placement - include when media buying is part of services

8. Crisis Management: Procedures for handling advertising-related controversies - include for high-risk campaigns

Suggested Schedules

1. Schedule A - Service Specifications: Detailed breakdown of advertising services, channels, and campaign requirements

2. Schedule B - Fee Structure: Comprehensive fee details including rate cards, commission structures, and expense policies

3. Schedule C - Campaign Timeline: Project timeline, milestones, and delivery schedules

4. Schedule D - Approved Subcontractors: List of pre-approved third-party vendors and subcontractors

5. Schedule E - Brand Guidelines: Client's branding requirements and guidelines

6. Schedule F - Reporting Templates: Standard formats for campaign performance and financial reporting

7. Appendix 1 - Creative Approval Workflow: Detailed process flow for creative approval stages

8. Appendix 2 - Compliance Checklist: Checklist of regulatory requirements and ASCI guidelines

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Retail

E-commerce

Technology

Financial Services

Healthcare

Automotive

Consumer Goods

Entertainment

Hospitality

Education

Real Estate

Telecommunications

Food and Beverage

Fashion and Apparel

Professional Services

Relevant Teams

Legal

Marketing

Procurement

Finance

Compliance

Brand Management

Creative Services

Digital Marketing

Communications

Business Development

Media Planning

Account Management

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Advertising Manager

Legal Counsel

Contract Manager

Procurement Manager

Creative Director

Media Planning Director

Account Director

Business Development Manager

Finance Manager

Compliance Officer

Digital Marketing Manager

Communications Manager

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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