Advertising Agency Agreement

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Advertising Agency Agreement Powered By Docstoc
					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.
                      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;



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         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,

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                  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 
				
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.