An Advertising Agreement under Austrian law is essential for businesses engaging in promotional activities within Austria or targeting Austrian consumers. This document is typically used when a company (the advertiser) engages an advertising agency, media company, or marketing services provider to create, manage, or distribute advertising content. The agreement comprehensively covers all aspects of the advertising relationship, from creative development to media placement, while ensuring compliance with Austrian advertising regulations, consumer protection laws, and data privacy requirements. It includes specific provisions for both traditional and digital advertising channels, making it suitable for modern marketing campaigns while adhering to Austrian legal frameworks.
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1. Parties: Identification and details of the advertiser and advertising agency/media company
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement including Advertising Materials, Campaign, Media Platforms, etc.
4. Scope of Services: Detailed description of advertising services to be provided
5. Approval Process: Procedures for submission, review, and approval of advertising materials
6. Campaign Timeline: Duration, deadlines, and key milestones of the advertising campaign
7. Fees and Payment Terms: Compensation structure, payment schedule, and invoicing procedures
8. Intellectual Property Rights: Ownership and usage rights of advertising materials and creative content
9. Warranties and Representations: Parties' assurances regarding their capacity, rights, and compliance with laws
10. Confidentiality: Protection of confidential information exchanged during the relationship
11. Term and Termination: Duration of agreement and conditions for termination
12. Liability and Indemnification: Allocation of risks and responsibilities between parties
13. General Provisions: Standard clauses including notices, amendments, governing law, etc.
1. Data Protection: Detailed GDPR compliance provisions when personal data processing is involved
2. Digital Marketing Specifics: Include when services involve online advertising, social media, or programmatic advertising
3. Performance Metrics: Include when specific KPIs or success metrics are part of the agreement
4. Agency Commission Structure: Include when working with advertising agencies rather than direct media buyers
5. Exclusivity Provisions: Include when parties agree to exclusive advertising arrangements
6. Content Moderation: Include for social media or user-generated content campaigns
7. Crisis Management: Include for high-profile campaigns or sensitive market sectors
1. Schedule 1 - Advertising Services Specification: Detailed breakdown of advertising services, channels, and deliverables
2. Schedule 2 - Fee Schedule: Detailed pricing structure, rates, and payment terms
3. Schedule 3 - Campaign Timeline: Detailed project plan with milestones and deadlines
4. Schedule 4 - Brand Guidelines: Client's branding requirements and style guide
5. Schedule 5 - Approval Matrix: Decision-making hierarchy and approval processes
6. Appendix A - Technical Requirements: Technical specifications for advertising materials
7. Appendix B - Compliance Checklist: Austrian advertising law compliance requirements
Relevant legal definitions
Clauses
Relevant Industries
Retail
Consumer Goods
Technology
Financial Services
Entertainment
Food and Beverage
Automotive
Healthcare
Tourism
Real Estate
Professional Services
E-commerce
Media and Publishing
Relevant Teams
Legal
Marketing
Procurement
Compliance
Brand Management
Digital Marketing
Finance
Business Development
Creative Services
Media Planning
Relevant Roles
Marketing Director
Chief Marketing Officer
Advertising Manager
Brand Manager
Legal Counsel
Procurement Manager
Media Buyer
Account Director
Creative Director
Digital Marketing Manager
Compliance Officer
Contract Manager
Business Development Manager
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