This professionally-drafted document is for an agreement between a company and an
advertising agency to produce web-based advertising. It includes the material terms of
the agreement including the services to be provided, the compensation arrangement
and the duration of the agreement. This particular contract is for the development of an
internet-based advertising campaign and can be customized to ensure the specific
terms of the parties' agreement are addressed. This document is useful for an
advertising agency or by a company that hires an advertising agency.
THIS ADVERTISING AGREEMENT (the “Agreement”) made this ____ day of _________,
2____, by and between ______________, located at ________________ (“Client”) and
____________, located at _________________ (“Agency”) hereinafter collectively referred to
as the “Parties.”
WHEREAS Client desires to engage the services of Agency and Agency desires to provide
its/his/her services to Client and to perform the work hereinafter set out.
NOWTHEREFORE the Parties hereby acknowledge and agree as follows:
1.1 Client engages Advertising Agency to perform the following services (the “Advertising
A. Formulate and submit internet-based 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 web-media strategy and plan for an agreed upon number of test markets
and support the proposed media plan with advertising strategy and rationales;
D. Purchase all materials and services necessary for the production of finished
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
1.2 Agency shall make no claims, promises or guarantees, expressed or written as to the
effectiveness of the Advertising Services to be performed for and on behalf of Client by
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2.1 Client acknowledges and agrees that it shall pay to Agency the sum of
_______________ ($_____) Dollars (the “Advertising Fees”) per month in respect of the
Advertising Services to be performed by Agency for and on behalf of Client.
2.2 Agency shall provide a monthly invoice to Client by the ____ ( ) day of each and
every month in respect of the Advertising Services performed by Agency.
2.3 Client shall pay the Advertising Fees to Agency within ____ ( ) days of receipt of the
invoice. Payment shall be made by cash, check or wire transfer, or by such other means as
the Parties may in writing agree.
2.4 Failure by Client to pay the Advertising Fees due and owing to Agency on or before the
____ ( ) day of each and every month will result in Agency ceasing all Advertising
Services for and on behalf of Client, without notice, until such Advertising Fees due and
owing are paid in full by Client.
EXPENSES AND MATERIALS
3.1 Agency shall be solely responsible and liable for all expenses incurred in its
performance of the Advertising Services, with the exception of any third party costs, for
example media, or third party services which Client has agreed to prior to Agency incurring
3.2 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 the
supplier's invoice. For any media purchase or service for which Agency is not entitled to a
commission, Agency shall ensure that the charges to Client are net of all agency
commissions and discounts.
3.3 Agency shall invoice Client for all costs where possible in advance of Agency's
payment date to allow for prepayment by the Client to allow for any available prepayment or
3.4 Client and Agency hereby acknowledge and agrees that Agency shall provide any and
all materials and equipment which may be necessary for the completion of the Advertising
Services by Agency. In the event that Agency requires materials, which may include
proprietary intellectual property, for example, logos, style book, etc. Client will provide said
materials without any delay.