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Advertising Agency Contract Template for India

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Key Requirements PROMPT example:

Advertising Agency Contract

"I need an Advertising Agency Contract for my e-commerce startup in Bangalore, focusing primarily on digital marketing services and social media campaigns, with clear performance metrics and monthly reporting requirements."

Document background
The Advertising Agency Contract is a crucial legal document used to formalize the relationship between advertising agencies and their clients in India. It is essential when engaging professional advertising services for brand promotion, marketing campaigns, and media management. The contract is structured to comply with Indian contract law, advertising regulations, and industry standards, including ASCI guidelines. It typically covers service scope, creative rights, compensation, approval processes, and performance metrics. This document is particularly important in today's complex advertising landscape where campaigns often span multiple media channels and require careful consideration of digital rights, data protection, and intellectual property issues.
Suggested Sections

1. Parties: Identification of the advertising agency and the client, including full legal names, addresses, and registration details

2. Background: Context of the agreement, brief description of the agency's business, and client's requirements

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

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

5. Agency Obligations: Key responsibilities and commitments of the advertising agency

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

7. Approval Process: Procedure for submitting, reviewing, and approving advertising materials and campaigns

8. Intellectual Property Rights: Ownership and licensing of creative works, existing IP, and campaign materials

9. Fees and Payment Terms: Compensation structure, payment schedule, and billing procedures

10. Confidentiality: Protection of confidential information exchanged during the engagement

11. Term and Termination: Duration of the agreement and conditions for termination

12. Representations and Warranties: Standard warranties regarding service quality and compliance with laws

13. Limitation of Liability: Caps on liability and exclusions of certain types of damages

14. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Media Buying Services: Detailed terms for media purchasing and placement when the agency handles media buying

2. Digital Marketing Services: Specific provisions for digital marketing, social media, and online advertising services

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

4. International Advertising: Additional terms for cross-border advertising campaigns

5. Data Protection: Enhanced data protection provisions when handling significant personal data

6. Exclusivity: Terms preventing the agency from working with competing brands

7. Agency of Record: Specific terms when the agency is appointed as the exclusive agency of record

8. Crisis Management: Procedures for handling advertising-related crises or controversies

Suggested Schedules

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

2. Schedule B - Fee Structure: Detailed pricing, commission rates, and payment terms

3. Schedule C - Key Personnel: List of key team members assigned to the client's account

4. Schedule D - Approval Matrix: Detailed workflow for approvals including timeframes and responsible parties

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

6. Appendix 1 - Media Planning Template: Standard template for media plans and budgets

7. Appendix 2 - Reporting Format: Templates for campaign performance reports

8. Appendix 3 - Service Level Agreement: Specific performance standards and response times

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 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

Entertainment

Automotive

Healthcare

E-commerce

Telecommunications

Real Estate

Food and Beverage

Fashion and Apparel

Education

Travel and Tourism

Relevant Teams

Legal

Marketing

Procurement

Brand Management

Digital Marketing

Compliance

Finance

Creative Services

Media Planning

Business Development

Corporate Communications

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Procurement Manager

Legal Counsel

Advertising Director

Media Planning Manager

Digital Marketing Manager

Creative Director

Account Director

Commercial Manager

Compliance Officer

Marketing Operations Manager

Agency Relations 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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