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Exclusive Advertising Agreement Template for Nigeria

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Key Requirements PROMPT example:

Exclusive Advertising Agreement

"I need an Exclusive Advertising Agreement for my Nigerian telecom company granting exclusive rights to an advertising agency for all our digital and social media advertising across West Africa, starting March 2025, with specific performance metrics and revenue sharing provisions."

Document background
The Exclusive Advertising Agreement is essential for businesses operating in Nigeria who wish to establish controlled and exclusive advertising arrangements. This document is particularly crucial when a company wants to grant exclusive rights to an advertising agency or media company to handle their advertising in specific territories or channels. The agreement ensures compliance with Nigerian advertising laws, including the APCON Act and Federal Competition and Consumer Protection Act, while protecting both parties' interests. It typically includes comprehensive terms covering exclusivity scope, territory definitions, payment structures, approval processes, and performance requirements. This type of agreement is commonly used when launching major marketing campaigns, entering new markets, or establishing long-term advertising partnerships in Nigeria.
Suggested Sections

1. Parties: Identification of the advertising rights holder and the advertising agency/company

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement including 'Territory', 'Advertising Materials', 'Exclusive Rights', etc.

4. Grant of Rights: Detailed description of the exclusive advertising rights being granted

5. Territory and Term: Geographic scope of the agreement and duration, including renewal terms

6. Exclusivity Provisions: Specific terms of exclusivity, including any carve-outs or exceptions

7. Payment Terms: Fees, payment schedule, and any revenue sharing arrangements

8. Obligations of the Rights Holder: Responsibilities and commitments of the party granting the advertising rights

9. Obligations of the Advertising Party: Responsibilities and commitments of the party receiving the advertising rights

10. Approval Process: Procedures for submitting and approving advertising materials

11. Intellectual Property Rights: Ownership and usage rights of trademarks, copyrights, and other IP

12. Representations and Warranties: Standard and specific warranties from both parties

13. Term and Termination: Duration, renewal, and termination provisions

14. Confidentiality: Protection of confidential information and trade secrets

15. Governing Law and Jurisdiction: Nigerian law as governing law and jurisdiction for disputes

16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Performance Metrics: Specific KPIs and performance standards, used when measurement of advertising effectiveness is crucial

2. Digital Rights: Specific provisions for digital and social media advertising, needed for digital-focused campaigns

3. Competitive Restrictions: Additional non-compete provisions, used when stronger competitive protection is needed

4. Agency Appointments: Right to appoint sub-agencies or contractors, included when delegation rights are needed

5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term agreements

6. Insurance Requirements: Specific insurance obligations, important for high-value or high-risk advertising

7. Data Protection: Provisions for handling personal data, needed when advertising involves data collection

8. Minimum Spending Commitments: Minimum advertising spend requirements, used in revenue-focused agreements

Suggested Schedules

1. Schedule 1: Territory Definition: Detailed description of geographic territories covered

2. Schedule 2: Fee Structure: Detailed breakdown of all fees, commissions, and payment terms

3. Schedule 3: Approved Advertising Channels: List of approved media and advertising platforms

4. Schedule 4: Brand Guidelines: Specific requirements for brand usage and advertising standards

5. Schedule 5: Performance Metrics: Detailed KPIs and measurement criteria

6. Schedule 6: Approval Process Workflow: Step-by-step process for advertising approval

7. Appendix A: Sample Advertising Materials: Examples of approved advertising formats and styles

8. Appendix B: Contact Details: Key contacts for both parties for various aspects of the agreement

Authors

Alex Denne

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

Relevant legal definitions








































Clauses









































Relevant Industries

Advertising and Marketing

Media and Entertainment

Consumer Goods

Retail

Technology

Telecommunications

Banking and Financial Services

Sports and Recreation

Food and Beverage

Automotive

Real Estate

Healthcare

Education

Tourism and Hospitality

Relevant Teams

Legal

Marketing

Advertising

Brand Management

Media Planning

Creative Services

Business Development

Commercial

Finance

Compliance

Digital Marketing

Corporate Communications

Relevant Roles

Chief Marketing Officer

Marketing Director

Advertising Manager

Brand Manager

Media Planning Director

Creative Director

Business Development Manager

Legal Counsel

Contracts Manager

Commercial Director

Agency Account Director

Media Buying Manager

Digital Marketing Manager

Compliance Officer

Finance Director

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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