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Advertising Service Agreement

Advertising Service Agreement Template for New Zealand

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Key Requirements PROMPT example:

Advertising Service Agreement

"I need an Advertising Service Agreement for a digital marketing campaign starting January 2025, where my tech startup will engage an agency for social media advertising and content creation, with specific KPI requirements and performance-based payment terms."

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Document background
The Advertising Service Agreement is a crucial commercial contract used when a business engages an advertising agency to provide professional advertising and marketing services in New Zealand. This document is essential for establishing clear parameters around service delivery, creative ownership, payment terms, and performance expectations. It ensures compliance with New Zealand's advertising standards, including the Fair Trading Act 1986 and ASA Codes, while protecting both parties' interests. The agreement typically covers various advertising channels including digital, print, and broadcast media, and can be customized based on campaign scope and specific client needs. It's particularly important for businesses investing significantly in advertising and agencies managing multiple client relationships, providing a formal framework for the professional relationship and risk management.
Suggested Sections

1. Parties: Identification of the service provider (advertising agency) and the client

2. Background: Context of the agreement and general purpose of the advertising services

3. Definitions: Key terms used throughout the agreement including Advertising Materials, Services, Campaign, etc.

4. Scope of Services: Detailed description of advertising services to be provided

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

6. Fees and Payment: Pricing structure, payment terms, and invoicing procedures

7. Client Obligations: Client's responsibilities including provision of materials and approvals

8. Agency Obligations: Agency's commitments, service standards, and delivery requirements

9. Intellectual Property Rights: Ownership and usage rights of creative materials and advertising content

10. Confidentiality: Protection of confidential information and trade secrets

11. Warranties and Indemnities: Service quality guarantees and risk allocation between parties

12. General Provisions: Standard contract clauses including governing law, notices, and assignment

Optional Sections

1. Media Buying Services: Include when the agency will handle media purchasing and placement

2. Digital Marketing Services: Add for digital-specific advertising services including social media and online campaigns

3. Performance Metrics: Include when specific KPIs or performance targets are part of the agreement

4. Data Protection: Add when handling significant amounts of personal or customer data

5. Subcontracting: Include when the agency may need to engage third-party services

6. International Advertising: Add for campaigns that will run in multiple jurisdictions

7. Crisis Management: Include for handling potential PR issues or campaign controversies

8. Agency of Record: Add when the agency will be the exclusive advertising service provider

Suggested Schedules

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

2. Schedule 2 - Fee Structure: Comprehensive pricing, including rate cards and payment milestones

3. Schedule 3 - Campaign Calendar: Timeline of planned advertising campaigns and deliverables

4. Schedule 4 - Approval Process: Step-by-step process for client approvals and revisions

5. Schedule 5 - Brand Guidelines: Client's branding requirements and style guides

6. Appendix A - Key Personnel: List of key team members and their roles

7. Appendix B - Service Level Agreement: Specific performance standards and response times

8. Appendix C - Compliance Requirements: Specific advertising standards and regulatory requirements

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions






































Clauses





































Relevant Industries

Retail

Consumer Goods

Financial Services

Technology

Healthcare

Entertainment

Food and Beverage

Real Estate

Professional Services

Education

Tourism

Automotive

Non-profit Organizations

Telecommunications

Relevant Teams

Legal

Marketing

Procurement

Finance

Business Development

Communications

Brand Management

Digital Marketing

Creative Services

Media Planning

Account Management

Compliance

Operations

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Advertising Manager

Legal Counsel

Procurement Manager

Agency Account Director

Creative Director

Media Planning Director

Digital Marketing Manager

Communications Manager

Marketing Operations Manager

Contract Manager

Business Development Manager

Finance 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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