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Advertising Service Agreement

Advertising Service Agreement Template for United States

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Key Requirements PROMPT example:

Advertising Service Agreement

"I need an Advertising Service Agreement for a digital marketing campaign launching in March 2025, focusing on social media advertising with a monthly budget of $50,000 and specific performance metrics for lead generation."

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The Advertising Service Agreement is essential for businesses seeking professional advertising services in the United States. This contract type defines the relationship between advertising agencies and their clients, covering crucial aspects such as service scope, deliverables, performance metrics, and compliance with federal and state advertising regulations. It addresses key concerns including intellectual property rights, payment terms, and service level expectations while ensuring adherence to FTC guidelines and industry standards. The agreement is particularly important in today's complex digital advertising landscape, where clear terms and responsibilities are crucial for successful campaign execution.
Suggested Sections

1. Parties: Identifies the advertising service provider and client with full legal names and addresses

2. Background: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the specific advertising services to be provided

5. Payment Terms: Outlines fees, payment schedule, and invoicing procedures

6. Term and Termination: Specifies duration and conditions for ending the agreement

7. Intellectual Property Rights: Addresses ownership and usage rights of creative materials

8. Confidentiality: Protects sensitive information shared between parties

Optional Sections

1. Performance Metrics: Defines KPIs and success metrics when specific performance targets are required

2. Data Protection: Addresses handling of personal data when collecting or processing personal information

3. Compliance with Laws: Specific regulatory compliance requirements for heavily regulated industries

4. Agency-Client Relationship: Defines whether relationship is exclusive when exclusivity arrangements are relevant

Suggested Schedules

1. Schedule A - Service Specifications: Detailed breakdown of services and deliverables

2. Schedule B - Fee Schedule: Detailed pricing structure and payment terms

3. Schedule C - Creative Brief Template: Standard format for project briefs

4. Schedule D - Approval Process: Workflow for content approval

5. Appendix 1 - Service Level Agreement: Performance standards and metrics

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
Clauses






























Industries

Federal Trade Commission Act: Primary federal law governing advertising practices in the US, prohibiting deceptive or unfair advertising, requiring truth in advertising, and mandating disclosure of material connections

Lanham Act: Federal trademark law that governs false advertising claims and protects intellectual property rights in advertising

CAN-SPAM Act: Federal law regulating commercial email advertising, setting requirements for commercial messages and opt-out procedures

Children's Online Privacy Protection Act (COPPA): Federal law protecting children's privacy online, with specific requirements for advertising targeting children under 13

Americans with Disabilities Act (ADA): Federal law requiring accessibility considerations in advertising, particularly for digital content

FCC Regulations: Federal Communications Commission rules governing broadcasting and telecommunications in advertising

Digital Advertising Alliance Guidelines: Self-regulatory principles for online behavioral advertising and digital marketing practices

State Consumer Protection Laws: Various state-specific laws protecting consumers from deceptive advertising practices

State Privacy Laws: State-specific privacy regulations affecting advertising, such as the California Consumer Privacy Act (CCPA)

Intellectual Property Provisions: Legal requirements regarding the use and protection of intellectual property in advertising materials

Data Privacy Requirements: Regulations governing the collection, use, and protection of consumer data in advertising

Payment Terms Regulations: Legal requirements regarding payment structures and financial arrangements in advertising services

Liability and Indemnification Rules: Legal framework for determining responsibility and protection against claims in advertising services

Termination Clause Requirements: Legal considerations for contract termination and wind-down procedures in advertising agreements

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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