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Advertising Agency Agreement

This template is for an agreement between a business and an advertising agency, outlining the terms and conditions for advertising services.

Updated 15d ago
agency agreementadvertisingmarketingservices contractSMEAfrica

{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}} | Web: {{website}}

Advertising Agency Agreement

Advertising Agency Agreement

{{company_name}}

{{company_address}}

Phone: {{company_phone}}

Email: {{company_email}}

Website: {{company_website}}

Advertising Agency Agreement

This Advertising Agency Agreement ('Agreement') is made and entered into on this {{day}} day of {{month}}, {{year}}, by and between:

1. {{Client_Company_Name}}, a company duly incorporated under the laws of {{country}}, with its registered office at {{Client_Company_Address}} (hereinafter referred to as 'Client').

AND

2. {{Agency_Company_Name}}, a company duly incorporated under the laws of {{country}}, with its registered office at {{Agency_Company_Address}} (hereinafter referred to as 'Agency').

Client and Agency are hereinafter collectively referred to as the 'Parties' and individually as a 'Party'.

1. Scope of Services

The Agency shall provide the following advertising and marketing services to the Client (hereinafter referred to as 'Services'):

(a) Development and execution of advertising campaigns across various media platforms (e.g., digital, print, broadcast, outdoor) as agreed upon in a mutually approved Media Plan.

(b) Strategic planning, creative development, media buying, and campaign performance monitoring.

(c) Regular reporting on campaign performance, including key metrics and recommendations for optimization.

Specific projects and deliverables will be detailed in separate Statements of Work (SOWs) or Media Plans, which shall be incorporated by reference into this Agreement.

2. Term and Termination

This Agreement shall commence on {{start_date}} and shall continue for a period of {{initial_term_months}} months, unless terminated earlier in accordance with the provisions of this Agreement.

Either Party may terminate this Agreement by providing {{notice_period_days}} days' written notice to the other Party.

Either Party may terminate this Agreement immediately upon written notice if the other Party commits a material breach of this Agreement and fails to remedy such breach within {{cure_period_days}} days of receiving written notice thereof.

3. Fees and Payment

In consideration for the Services provided by the Agency, the Client shall pay the Agency fees as outlined in the attached Fee Schedule (Appendix A) or as stipulated in individual SOWs.

Unless otherwise agreed, the Agency shall invoice the Client on a {{billing_frequency}} basis. All invoices are due and payable within {{payment_terms_days}} days of the invoice date.

Late payments shall accrue interest at a rate of {{interest_rate_percent}}% per annum or the maximum rate permitted by law, whichever is lower.

All fees are exclusive of applicable taxes, which shall be borne by the Client.

4. Intellectual Property

All intellectual property rights in any work product created by the Agency for the Client under this Agreement, upon full payment of all fees, shall be assigned to and become the sole property of the Client. This includes, but is not limited to, creative concepts, copyrights, trademarks, and any other proprietary materials.

The Agency warrants that it has the right to use all materials supplied to the Client and that such materials do not infringe on the intellectual property rights of any third party.

5. Confidentiality

Both Parties agree to keep confidential all non-public information, including business, financial, and technical information, disclosed by one Party to the other Party during the term of this Agreement. This obligation shall survive the termination of this Agreement for a period of {{confidentiality_period_years}} years.

Confidential information does not include information that is publicly available, independently developed, or rightfully obtained from a third party without restriction.

6. Indemnification

Each Party agrees to indemnify, defend, and hold harmless the other Party, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with any breach of this Agreement or any negligent or willful act or omission of the indemnifying Party.

7. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of {{country}}.

Any dispute, controversy, or claim arising out of or in connection with this Agreement, including its existence, validity, interpretation, performance, breach, or termination, shall be referred to and finally resolved by arbitration in {{arbitration_city}}, {{country}}, in accordance with the arbitration rules of {{arbitration_body}}.

8. Entire Agreement

This Agreement, including any attached appendices or SOWs, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the Parties.

IN WITNESS WHEREOF

The Parties have executed this Agreement as of the date first written above.

_______________________________

For and on behalf of {{Client_Company_Name}}

Name: {{Client_Signatory_Name}}

Title: {{Client_Signatory_Title}}

Date: {{Client_Signature_Date}}

_______________________________

For and on behalf of {{Agency_Company_Name}}

Name: {{Agency_Signatory_Name}}

Title: {{Agency_Signatory_Title}}

Date: {{Agency_Signature_Date}}

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