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Advertising Service Agreement
"I need an Advertising Service Agreement for my e-commerce company engaging a digital marketing agency in Manila, Philippines, focusing primarily on social media advertising and content creation, with an initial term of 12 months starting March 2025."
1. Parties: Identification of the advertising agency and the client, including their complete legal names, addresses, and registration details
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of advertising services to be provided, including types of advertising, platforms, and deliverables
5. Term and Timeline: Duration of the agreement and key milestone dates
6. Payment Terms: Fee structure, payment schedule, expenses, and invoicing procedures
7. Approval Process: Client review and approval procedures for advertising materials
8. Intellectual Property Rights: Ownership and licensing of creative works, existing IP, and newly created materials
9. Confidentiality: Protection of confidential information and trade secrets
10. Representations and Warranties: Parties' assurances regarding their capacity, authority, and service quality
11. Compliance with Laws: Commitment to comply with advertising laws, ASC guidelines, and other relevant regulations
12. Termination: Conditions and procedures for ending the agreement
13. Limitation of Liability: Limits on parties' liability and indemnification provisions
14. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution
1. Digital Advertising Provisions: Specific terms for digital advertising campaigns, including data privacy and online metrics - include when digital advertising is part of the scope
2. Media Buying Services: Terms specific to media procurement and placement - include when media buying is part of the services
3. Content Creation Rights: Detailed provisions for content creation and ownership - include when original content creation is a significant part of the services
4. Performance Metrics: KPIs and performance measurement criteria - include when specific performance targets are agreed
5. Exclusivity: Terms preventing the agency from working with competing brands - include when exclusivity is required
6. International Usage: Terms governing use of advertising materials in other jurisdictions - include for campaigns with international scope
1. Schedule A - Service Specifications: Detailed breakdown of advertising services, deliverables, and technical requirements
2. Schedule B - Fee Structure: Comprehensive fee breakdown, rate cards, and payment milestones
3. Schedule C - Campaign Timeline: Detailed project timeline, milestones, and delivery dates
4. Schedule D - Brand Guidelines: Client's branding requirements and guidelines
5. Schedule E - Approved Media Channels: List of approved advertising platforms and media channels
6. Appendix 1 - Key Personnel: List of key team members from both parties and their roles
7. Appendix 2 - Compliance Checklist: Checklist of regulatory requirements and ASC guidelines
8. Appendix 3 - Reporting Templates: Standard templates for campaign performance reporting
Authors
Retail
Consumer Goods
Financial Services
Technology
Entertainment
Healthcare
Food and Beverage
Real Estate
Telecommunications
Automotive
Education
Travel and Tourism
E-commerce
Professional Services
Legal
Marketing
Procurement
Finance
Compliance
Creative Services
Digital Marketing
Brand Management
Business Development
Operations
Media Planning
Account Management
Marketing Director
Chief Marketing Officer
Advertising Manager
Brand Manager
Legal Counsel
Procurement Manager
Contract Administrator
Creative Director
Media Planning Manager
Digital Marketing Manager
Compliance Officer
Business Development Manager
Account Executive
Finance Manager
Operations Director
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