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Advertising Agency Contract Template for Netherlands

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Key Requirements PROMPT example:

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."

Document background
The Advertising Agency Contract is essential for formalizing professional relationships in the advertising industry under Dutch law. This document is typically used when a company engages an advertising agency for creative services, campaign management, media buying, or full-service advertising solutions. The contract addresses key aspects including service scope, deliverables, approval workflows, intellectual property rights, and payment terms, while ensuring compliance with Dutch advertising regulations, the Dutch Civil Code, and EU data protection laws. It's particularly important in protecting both parties' interests, establishing clear performance expectations, and providing a framework for successful collaboration in advertising projects. The document can be customized based on specific service requirements, whether for traditional advertising, digital marketing, or integrated campaigns.
Suggested Sections

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

Optional Sections

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.

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Retail

Consumer Goods

Technology

Financial Services

Healthcare

Entertainment

Automotive

Food and Beverage

Travel and Tourism

Education

Professional Services

Real Estate

Telecommunications

Relevant Teams

Legal

Marketing

Procurement

Finance

Brand Management

Creative Services

Digital Marketing

Compliance

Commercial Operations

Relevant Roles

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

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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