Contract between Advertiser and Advertising Agency with Detailed Description of Services to be Performed
Agreement made on the ____________________ (date), between
_________________________ (Name of Advertising Agency) , a corporation organized
and existing under the laws of the state of ______________, with its principal office
located at ________________________________________________
_______________________ (street address, city, state, zip code) , referred to herein
as Agency , and __________________ (Name of Client), a corporation organized and
existing under the laws of the state of _________________, with its principal office
located at ________________________________________________
_____________________________ (street address, city, state, zip code) , referred to
herein as Client.
For and in consideration of the mutual covenants contained in this Agreement, and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Appointment of Agency Client appoints Agency and the Agency agrees to accept such appointment to
represent Client in carrying out advertising on its behalf. The Agency shall act, at all
times, as an independent contractor.
2. Services to be Performed
The services to be performed include all services customarily performed by a
modern advertising Agency. However, no services will be performed by the Agency
unless and until the Agency receives prior authorization from the Client. The services to
be provided upon request include but are not limited to the following:
A. Provide the Client with an analysis of the Client's business, products, or
services along with a related analysis of the market for such products or services
and the appropriate advertising for the Client;
B. Preparation of an advertising program for the Client;
C. Handle all details with respect to the Client's advertising program;
D. Arrange with the various advertising media for space and time as needed to
carry out the advertising program;
E. Oversee the performance of the advertising program;
F. Negotiate with others, such as photographers, models, and artists, for use in
the advertising program;
G. Handle all details with respect to payments to others for their part in the
advertising program; and
H. Perform all other necessary and related services to properly carry out the
Client's advertising program.
3. Prior Approval of Client No obligations shall be incurred by the Agency on behalf of the Client without first
obtaining approval from the Client in writing. The Client may require the submission of
details of written proposals by the Agency with regard to all anticipated details prior to
granting approval.
4. Loyalty to Client
While this Agreement is in force, the Agency shall not serve as an advertising
Agency in connection with any product which is competitive with products of the Client
without first obtaining written consent of the Client.
5. Expenses Incurred by Agency
Client shall pay Agency for all costs incurred and expenditures made on behalf of
the Client for approved advertising. Client shall also pay the Agency's direct costs of
mailing, packaging and shipping, along with all taxes, duties, telephone calls and delivery
services in connection with the performance of its obligations under this Agreement. The
Client will also pay the Agency for its costs for travel on behalf of the Client. If the Client
cancels any planned advertising, the Client will remain responsible for any unavoidable
costs including noncancellable requests for time or space.
6. Compensation to Agency
A. Commission on Media Charges . The Client shall pay the Agency a
commission of ______% of the gross charges made by advertising media for
advertising on behalf of the Client. However, with respect to outdoor advertising,
the Agency's commission shall be ______% of the gross charges.
B. Commission on Other Payments. Client shall pay the Agency a
commission of ______% of all payments made to third parties by the Agency for
products or services contracted for on behalf of the Client.
C. Other Fees. If the Client desires the Agency to perform services which do
not involve commissions from media, such as direct mail advertising, public
relations work, market analysis, trade investigations or other services, the Client
and the Agency will mutually agree on the Agency's compensation for these
services.
7. Billing and Payment All billings shall comply with the standards recommended by the American
Association of Advertising Agencies. All charges shall be fully accounted for in
accordance with this Agreement. The Client shall be entitled to examine the Agency's
books and records regarding the Client's account at all reasonable times. If cash
discounts are available from owners of media or others, the Client is to be made aware of
these discounts and is to receive credit for such discounts provided the Client makes the
necessary payments from its own funds as required in order to receive the discount.
8. Indemnification and InsuranceAgency shall indemnify and hold harmless the Client from and against any and all
claims, liabilities or damages which arise: (a) from dealings between the Agency and third
parties; and (b) the preparation or presentation of advertising. This indemnification shall
include the costs of litigation and counsel fees. However, the Agency shall not be liable to
the Client as a result of any default of suppliers of materials and services or owners of
media or other persons who are not agents or employees of the Agency. Agency agrees
to keep in force, at its own cost and expense, advertisers' liability insurance for the benefit
of the Client in the minimum amount of $______________, or such other amounts as
authorized in writing by the Client.
9. Term This Agreement shall become effective upon signing by all parties and shall
continue in force for a period of one year unless this Agreement is terminated by either
party as provided in this Agreement. This contract shall be automatically extended for
successive periods of one year upon the same terms and conditions unless terminated by
either party.
10. Right to Terminate Either party may terminate this Agreement by giving the other party written notice
at least _____ (number) days before the effective date of termination.
11. Rights and Duties upon Termination A. No work in progress shall be completed unless requested by the Client. All
contractual obligations in accordance with this Agreement shall remain in effect
with respect to the winding down of all contractual relations between the parties.
The Agency will attempt to assign all of its contracts with third parties on behalf of
the Client to the Client who shall assume all such contracts and obligations under
such contracts and hold the Agency harmless from any liability. If any such
contract cannot be assigned, the Agency will continue to perform in accordance
with the contract with the Client assuming all responsibilities and costs under the
contract.
B. The Agency shall deliver to the Client all papers and other materials related
to the work performed by the Agency in accordance with this Agreement. The
Client agrees to pay all costs of storage or transport of such items.
C. Except as specifically provided in this Agreement, all rights and liabilities of
the parties arising out of this Agreement shall cease upon the termination of this
Agreement.
12. Severability
The invalidity of any portion of this Agreement will not and shall not be deemed to
affect the validity of any other provision. If any provision of this Agreement is held to be
invalid, the parties agree that the remaining provisions shall be deemed to be in full force
and effect as if they had been executed by both parties subsequent to the expungement
of the invalid provision.
13. No Waiver The failure of either party to this Agreement to insist upon the performance of any
of the terms and conditions of this Agreement, or the waiver of any breach of any of the
terms and conditions of this Agreement, shall not be construed as subsequently waiving
any such terms and conditions, but the same shall continue and remain in full force and
effect as if no such forbearance or waiver had occurred.
14. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with
the laws of the State of ______________.
15. Notices Unless provided herein to the contrary, any notice provided for or concerning this
Agreement shall be in writing and shall be deemed sufficiently given when sent by
certified or registered mail if sent to the respective address of each party as set forth at
the beginning of this Agreement.
16. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful
party in the action shall pay to the successful party, in addition to all the sums that either
party may be called on to pay, a reasonable sum for the successful party's attorney fees.
17. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding
arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party
shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator
so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of
the American Arbitration Association then in force and effect.
18. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any
prior understanding or representation of any kind preceding the date of this Agreement
shall not be binding upon either party except to the extent incorporated in this Agreement.
19. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party
in connection with this Agreement shall be binding only if placed in writing and signed by
each party or an authorized representative of each party.
20. Assignment of Rights
The rights of each party under this Agreement are personal to that party and may
not be assigned or transferred to any other person, firm, corporation, or other entity
without the prior, express, and written consent of the other party.
21. Confidentiality
Contractor and Employer both acknowledge that all information and materials furnished
from the Employer Broker concerning this Agreement and the performance of it is
confidential and may not be used for any purpose other than in connection with this
Agreement.
22. Counterparts This Agreement may be executed in any number of counterparts, each of which
shall be deemed to be an original, but all of which together shall constitute but one and
the same instrument.
23. Compliance with Laws In performing under this Agreement, all applicable governmental laws, regulations,
orders, and other rules of duly-constituted authority will be followed and complied with in
all respects by both parties.
24. In this Agreement, any reference to a party includes that party's heirs, executors,
administrators, successors and assigns, singular includes plural and masculine includes
feminine.
WITNESS our signatures as of the day and date first above stated.
___________________________ ___________________________
(Name of Agency) (Name of Client)
By:____________________________ By:_______________________________
_____________________________ ___________________________
(Printed Name & Office in Corporation) (Printed name & Office in Corporation
_____________________________ ___________________________
(Signature of Officer) (Signature of Officer)
Valuable suggestions for preparing your ‘Advertising Agency Agreement Contract Sample Template’ online
Are you fed up with the inconvenience of handling paperwork? Look no further than airSlate SignNow, the leading eSignature solution for individuals and organizations. Bid farewell to the lengthy process of printing and scanning documents. With airSlate SignNow, you can effortlessly complete and endorse documents online. Take advantage of the powerful features included in this user-friendly and affordable platform and transform your method of managing paperwork. Whether you need to sign forms or gather electronic signatures, airSlate SignNow takes care of everything seamlessly, needing just a few clicks.
Adhere to this comprehensive guide:
- Log into your account or sign up for a complimentary trial with our service.
- Click +Create to upload a document from your device, cloud storage, or our form repository.
- Open your ‘Advertising Agency Agreement Contract Sample Template’ in the editor.
- Click Me (Fill Out Now) to prepare the document on your end.
- Add and designate fillable fields for other participants (if necessary).
- Continue with the Send Invite settings to request eSignatures from others.
- Download, print your version, or convert it into a reusable template.
No issues if you need to collaborate with others on your Advertising Agency Agreement Contract Sample Template or send it for notarization—our solution provides everything necessary to accomplish such tasks. Sign up with airSlate SignNow today and elevate your document management to a new level!
Advertising agency agreement contract sample template pdf
Advertising agency agreement contract sample template word
Free advertising agency agreement contract sample template
Advertising agency agreement contract sample template doc
Advertising agency contract PDF
Advertising agency contract template
Creative agency contract template
Marketing agency contract template free