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Advertising Agency Contract
"I need an Advertising Agency Contract under Dutch law for a digital-only advertising agency specializing in social media marketing, with specific provisions for performance metrics and data protection compliance."
1. Parties: Identification of the advertising agency and the client, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, including brief description of the agency's services and client's requirements
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Deliverables', 'Campaign', 'Intellectual Property Rights', etc.
4. Scope of Services: Detailed description of advertising services to be provided, including types of advertising, channels, and campaign parameters
5. Agency Obligations: Core responsibilities of the advertising agency, including delivery timelines, quality standards, and reporting requirements
6. Client Obligations: Client's responsibilities, including providing necessary information, approvals, and materials
7. Approval Process: Procedures for submitting, reviewing, and approving advertising materials and campaigns
8. Fees and Payment: Compensation structure, payment terms, expenses, and invoicing procedures
9. Intellectual Property Rights: Ownership and licensing of creative works, existing IP, and campaign materials
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Data Protection: GDPR compliance and data handling procedures
13. Liability and Indemnification: Limitation of liability and mutual indemnification provisions
14. General Provisions: Standard clauses including governing law, notices, and assignment
1. Media Buying: Specific terms for media purchasing services, including authorization limits and commission structures. Include when agency handles media buying.
2. Performance Metrics: KPIs and performance measurement criteria. Include for performance-based contracts.
3. Social Media Management: Terms specific to social media campaign management and content creation. Include when social media services are part of scope.
4. Third-Party Contractors: Terms governing use of freelancers or subcontractors. Include when agency plans to use external resources.
5. International Campaigns: Provisions for multi-jurisdiction advertising campaigns. Include for international advertising scope.
6. Crisis Management: Procedures for handling PR crises or campaign issues. Include for high-risk or sensitive industries.
1. Schedule 1: Scope of Services: Detailed breakdown of specific advertising services, deliverables, and timelines
2. Schedule 2: Fee Structure: Detailed pricing, rate cards, commission structures, and payment schedules
3. Schedule 3: Key Personnel: List of key team members and their roles in service delivery
4. Schedule 4: Brand Guidelines: Client's branding requirements and guidelines
5. Schedule 5: Approval Matrix: Decision-making hierarchy and approval thresholds
6. Appendix A: Service Level Agreement: Performance standards and response times
7. Appendix B: Data Processing Agreement: GDPR-compliant data processing terms and procedures
Authors
Retail
Consumer Goods
Technology
Financial Services
Healthcare
Entertainment
Automotive
Food and Beverage
Travel and Tourism
Education
Professional Services
Real Estate
Telecommunications
Legal
Marketing
Procurement
Finance
Brand Management
Creative Services
Digital Marketing
Compliance
Commercial Operations
Chief Marketing Officer
Marketing Director
Brand Manager
Procurement Manager
Legal Counsel
Marketing Manager
Agency Relations Manager
Commercial Director
Creative Director
Account Manager
Contract Manager
Media Buying Manager
Digital Marketing Manager
Compliance Officer
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