Advertising Services Agreement
Agreement for advertising services made on the _________________ (date) ,
between ____________________ (Name of advertiser) , 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 , and ____________
_____________________ (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.
1. Appointment of Agency
Client appoints Agency, and Agency agrees to serve as the Client's Advertising
Agency in connection with the sale of ( description of Client's product or service)
______________________________________________________________________
____________________________________________ as provided in this Agreement.
2. Parties not to Deal with Competitors
During the term of this Agreement, Agency shall not serve as Advertising Agency
in connection with any product directly competitive with the product or products that
Agency is advertising for Client, without first obtaining Client's written consent, nor shall
Client engage any other advertising Agency to advertise (description of Client's
product or service) _____________________________________________________
______________________________________________________________________
without first obtaining Agency's written consent.
3. Independent Contractor Status of Agency
Agency shall act at all times during the term of this Agreement as an independent
Contractor. Nothing contained in this Agreement shall be construed to create the
relation of principal and agent or employer and employee, between Client and Agency.
4. Fees and Services
A. Market research, consumer investigations and trade investigations of
Agency made for the purpose of assisting Agency in planning advertising for
Client shall be made at Agency's expense. Such investigations and research as
may be made pursuant to this Agreement to secure information for Client's own
use shall be paid for by Client, at cost to Agency plus a _____% service charge.
B. Agency shall receive a commission of _____% of the published rates of
owners of media on all space in media purchased by Agency for Client, except
that Agency's commission on outdoor advertising space shall be _____% such
purchase price. Agency shall deduct this commission from the published rate for
any such space, and shall pay the net sum after this deduction to the owner of
the medium in which the space was purchased.
C. Non-commissionable items purchased by Agency on Client's
authorization, such as finished art, comprehensive layouts, type composition,
photostats, engravings, type setting, preparation of mechanicals, printing, radio
and television programs, talent, literary, dramatic, and musical works, records
and exhibits, shall be billed to Client at Agency's cost plus a_____% service
charge.
D. Should Client desire Agency to perform special services involving no
commissions to Agency from owners of media, such as direct mail advertising,
speech writing and publicity and public relations work, Agency and Client shall,
before such services are performed, mutually agree in writing on Agency's
compensation on a straight-time basis.
5. Billing and Payment
Bills for services rendered pursuant to Section 4.B, shall be mailed to Client on
the ____ day of the month in which any such services are performed, and shall be due
and payable on the _____ day of the following month. If Client shall pay any bill for
space in media on or before the due date, so as to enable Agency to obtain any cash
discount offered by owners of such media, Agency shall credit Client with the full
amount of this discount.
6. Client Approval of Work and Expenditures
Agency shall prepare and submit for Client's approval advertising campaign
plans, together with estimates of their cost. All scripts, advertising copy and layouts,
story boards and other materials prepared by Agency pursuant to an advertising
campaign plan that has been approved by Client, shall be submitted to Client's attorney
for the attorney's approval. Client's attorney has the right, in the attorney's discretion, to
withhold approval of any advertising matters submitted by Agency that, in the attorney's
opinion, may violate any regulation or ruling of the Federal Trade Commission.
7. Agency not Responsible for Default of Others
Agency shall not be liable to Client by reason of the defaults of suppliers of
materials and services, owners of media or other persons not the agents or employees
of Agency.
8. Term of Agreement and Termination
The term of this Agreement shall begin on ___________________ (date) , and
shall continue until terminated by _____days' written notice given by either party to this
Agreement .
9. Rights on Termination
A. All services performed and materials prepared by Agency during the
_____ days prior to termination of this Agreement shall be billed to Client as
provided in Sections 4 and 5 , except that final bills shall be rendered by Agency
within ____ days after termination, and shall be due and payable by Client _____
days after the date of termination.
B. On termination of this Agreement Agency shall deliver to Client all papers
and other materials related to the work performed under this Agreement except
that Agency reserves the right to retain any creative materials solely developed
by Agency that are not related in their entirety to the work performed by Agency
under this Agreement .
C. Client shall assume liability for any non-cancellable Agreements made by
Agency in accordance with the terms of this Agreement on Client's behalf prior to
termination.
D. Except as specifically set forth in this Section, all the rights and liabilities of
the parties arising out of this Agreement shall cease on the date of termination of
this Agreement.
10. 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.
11. 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.
12. Governing Law
This Agreement shall be governed by, construed, and enforced in accordance
with the laws of the State of _____________.
13. Notices
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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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:_______________________________
____________________________ ___________________________
(P rinted Name & Office in Corporation) (P rinted Name & Office in Corporation)
____________________________ ___________________________
(Signature of Officer) (Signature of Officer)
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