Structure of the Advertising Agency Agreement
Advertising agency agreement is a legal document that describes the connection between an advertiser and its advertising agency. An advertiser can be an organization or a person that place ads in order to target the market or customers. The advertiser engages a marketing agency to produce marketing work for advertiser. An advertising agency agreement describes the legal rights to the work developed by the advertising agency designated to the adviser. In the return, the advertiser agrees to pay the agency specific amount. The agreement addresses exactly what services will be performed, charges and payment framework, possession and use of content designed during the term of the agreement. Here is preview of this Advertising Agency Agreement Template,
Important terms and conditions of advertising agency agreement
- Advertising approval. Rights to approve or reject the advertisement.
- Scope of services. Exclusive or nonexclusive.
- Payments and invoicing. Payment disputes, rate changes, etc.
- Compensation and charges.
- Termination of an agreement.
- Legal terms to secure your interests.
- Deadlines for products.
- Distribution and publication.
- Signs of authorized persons from both parties.
Common mistakes made in the advertising agency agreement
- Sometimes the parties basically concentrate on the exchange, however neglect to address what goes on should a dispute occur. It is very important to find out ahead of time how to deal with the problem should one party fail to deliver or one party not pay.
- Failing to explain the responsibilities of the parties. Mostly, parties have common concept of what the exchange should be, but they fail to particularly articulate it in the agreement. The responsibilities and duties of each party should be clearly stated.
- Not hiring a legal professional. Sometimes agreements are not so difficulty for you to understand, but sometimes they are not. It is recommended to review your contract with legal professional before signing it.
- Allowing other side to draft the agreement. This may save your time and money, but you will pay a significant price later.
- Trying to save time and rush thorough drafting stage. You might be in hurry to get started, but imagine yourself in a court in front of other party and what problems will come up. Try to make sure that you have complete knowledge about the draft.
- Do not decide anything verbally or assume anything, all things should be described in the form of written agreement.
Tips for Advertising Agency Agreement
- Do not start drafting the agreement until you have all the details. Write a rough agreement and try to include all facts, dates, responsibilities, cost, etc.
- Always provide a room for changes and try to fix short dates for changes in agreement. This will allow both parties to fulfill their needs according to trend of market or changes in their demands.
- Review some samples of advertising agency agreements, it will be helpful for you to make a good advertising agency agreement.
- You can write your own agreement initially, but your legal professional should review the final draft and let the other party aware that you are doing this and give your suggestions to conclude a final draft.
Here is download link of this Advertising Agency Agreement Template,