Advertising Agency Agreement

					Advertising Agency Services
Contract
This agreement is between an advertising agency and a client that’s wants to use the
agency’s services. Customize the information of the parties, the goods or services that
will be advertised, the agency’s compensation rate, exclusivity, and the ability to work
for competitors. It is vital to use a written contract for such agreements to ensure that
the understandings of both parties’ are properly set forth. This agreement is ideal for
individuals or small businesses that want to provide or receive advertising services.
                      ADVERTISING AGENCY AGREEMENT
This Advertising Agency Agreement (hereinafter this “Agreement”) is made and entered into on
this ___ day of _________, 2___ by and between ____________________ [NAME OF
AGENCY] located at _____________________________ [ADDRESS OF AGENCY]
(hereinafter “Agency”) and ____________________ [NAME OF CLIENT] (hereinafter
“Client”).
                                    DEFINITIONS

Except where otherwise stipulated in this Agreement or where other requirements in the context
so exist, the following terminology definitions shall apply to the provisions of this Agreement:

1.       Parties: Agency and Client;

2.       A Party: Either Agency or Client;

3.       A third party: Any party other than Agency or Client;

4.       Advertising campaign: _____________________________________;

5.       Media Strategy: ___________________________________________;

6.       Collateral materials: _______________________________________; and

7.       Promotion materials: _______________________________________.

                                                       TERMS

Agency and Client hereby agree to the following terms:

1.       Services

         Client hereby engages Agency to perform the following services:

         A.       Formulate and submit advertising campaigns and recommendations including cost
                  estimates for the approval of Client;

         B.       After approval by Client, create and prepare advertising for consumer and trade
                  print, broadcast and outdoor media;

         C.       Develop a media strategy and plan for an agreed-upon number of test markets and
                  support the proposed media plan with advertising strategy and rationales;



© Copyright 2013 Docstoc Inc. registered document proprietary, copy not                 2
         D.       Purchase all materials and services necessary for the production of finished
                  advertisements and commercials;

         E.       Execute all advertising in finished form;

         F.       Develop and provide Client with rough concepts for certain significant collateral
                  materials including, but not limited to, sales promotion materials, brochures, and
                  store signs.

2.       Compensation

Agency shall invoice Client for all costs where possible in advance of Agency’s payment date to
allow for prepayment by Client to include any available prepayment or similar discount(s). For
any media purchase or service for which Agency is not entitled to a commission, Agency shall
ensure that the charges to Client are equivalent to net of all Agency commissions and discounts.
Charges for production materials and services shall be billed by Agency upon completion of the
production job or, if cash discounts are available, upon receipt of a supplier’ invoice. Invoices
shall be submitted to Client in an itemized format and shall be paid within ____ (___) days of the
invoice date.

3.       Term

This Agreement shall commence on _______________ [STARTING DATE] and continue until
one Party terminates the Agreement or on _______________ [PROPSED ENDING DATE].
Agency agrees to perform services as set forth in this Agreement until the expiration or upon
termination. Should Client desire for the Agreement to continue after the date set forth above,
Client must make such a request in writing. If Agency accepts the request, a new agreement will
be drafted for a new term. Client may terminate the use of Agency’s services at any time
without cause and without further obligation to Agency except for payment due for services prior
to date of termination of the Agreement. Notice of termination must be provided in writing ____
(___) days prior to date of termination and shall be mailed to Agency’s principal place of
business.

4.       Competitors

During the term of this Agreement, Agency shall not accept employment from or render services
to any individual or entity in connection with any product or service directly competitive with or
similar to any product or service of Client for which Agency is providing service pursuant to this
Agreement.

5.       Ownership

         A.       Agency warrants, to the fullest extent possible under law, that Client shall own
                  any and all right, title, and interest in including copyrights, trade secret, patent,

© Copyright 2013 Docstoc Inc. registered document proprietary, copy not                    3
                  and other intellectual property rights, with respect to any copy, photograph,
                  advertisement, music, lyrics, or other work or material created by Agency or at
                  Agency’s direction for Client pursuant to this Agreement.

         B.       Upon termination or expiration of this Agreement, Client agrees that any
                  advertising, merchandising, package, plan or idea prepared by Agency and
                  submitted to Client that Client has chosen not to utilize, shall remain the property
                  of Agency, unless Client has paid Agency for its services in preparing such item
                  or material. Client agrees to return to Agency any copy, artwork, plates, or other
                  physical embodiment of such creative work relating to any such idea or plan that
                  may be in Client’s possession at termination or expiration of the agreement.

6.       Non-Disclosure and Confidentiality

Except to the extent expressly authorized by this Agreement or otherwise agreed in writing, the
Parties agree that, for the term of this Agreement and for ____ (__) [Comment: these numbers
are not provided for by law, but can be any number the user chooses] years thereafter, the
Parties shall keep confidential and shall not publish or otherwise disclose or use for any purpose
other than as provided in this Agreement, any and all information and materials furnished to it by
the other Party pursuant to this Agreement.

7.       Indemnity

Client shall indemnify and hold harmless, to the fullest extent allowed by law, the Agency and its
directors, officers, agents, and employees from and against any and all expenses, losses,
damages, liabilities, demands, charges, costs, and claims of any kind or nature whatsoever in
respect of the acts, omissions, transactions, duties, obligations, or responsibilities of Agency,
save and except where such expenses, losses, damages, liabilities, demands, charges, costs, or
claims are caused by acts or omissions of Agency done or suffered in breach of its standard of
care or through its gross negligence, willful misconduct, willful neglect, default, or a material
failure to comply with applicable laws, regulations, restrictions, or the provisions set forth in this
Agreement.

8.       Amendments to Agreement

This Agreement shall only be amended by a writing signed by Agency and authorized by Client.

9.       Legal Disputes

This Agreement shall be governed by the laws of the State of ________________. The Parties
waive any right to argue conflict of law principles. The Parties agree that any claim or dispute
between them or against any agent, employee, successor, or assign of the other, whether related
to this Agreement or otherwise shall be first taken to arbitration. An award of the arbitrator may
be entered as a judgment in any court of competent jurisdiction. Further, should either Party, its

© Copyright 2013 Docstoc Inc. registered document proprietary, copy not                   4
successor, or assign commence legal proceedings in connection with this Agreement, the
prevailing party in such proceeding shall be entitled to recover its reasonable attorneys’ fees and
costs from the non-prevailing party in addition to any other such relief as may be granted.

10.      Non-waiver

No failure or neglect of either Party hereto in any instance to exercise any right, power, or
privilege under this Agreement or under applicable law shall constitute a waiver of any other
right, power, or privilege in any other instance. All waivers by either Party must be in wiring
and signed by the Party to be charged.

11.      Entire Agreement

This Agreement contains the entire integrated agreement and understanding between the Parties
and supersedes any prior or contemporaneous written or oral agreements, representations, and
warranties between them respecting the subject matter of this Agreement. If any term, provision,
covenant, or condition of this Agreement, or application thereof to any person, place or
circumstance, is held invalid, unenforceable, or void, the remainder of this Agreement and such
term, provision, covenant, or condition as applied to other persons, places, and circumstances
shall remain in full force and effect.



AGENCY                                                           CLIENT


________________________                                         ____________________________
Authorized Signature                                             Authorized Signature


________________________                                         ____________________________
Print Name/Title                                                 Print Name/Title




© Copyright 2013 Docstoc Inc. registered document proprietary, copy not                     5

				
DOCUMENT INFO
Description: This is an agreement between an advertising agency and a person or business that wishes to use the agency's services. This document contains the material terms of the agreement, including the services to be provided by the agency, the compensation arrangement and the duration of the agreement. The agreement contains both standard clauses and opportunities for the use of optional terms and conditions making it fully customizable to fit the needs of the contracting parties. It is useful for an advertising agency or by a person/business who wishes to hire an advertising agency.
PARTNER Docstoc Premium
Docstoc Premium is a collection of documents, forms, and templates created by our professional staff to help you with a variety of business needs. These quality documents have been vetted by top professionals to help you find the documents you most need for a variety of professional purposes.