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Advertising Service Agreement Template for Germany

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Key Requirements PROMPT example:

Advertising Service Agreement

"I need an Advertising Service Agreement governed by German law for my tech startup engaging a digital marketing agency to handle our social media advertising and PPC campaigns from March 2025, with specific provisions for performance metrics and data protection compliance."

Document background
The Advertising Service Agreement is essential for businesses engaging external advertising services in Germany. This contract type is specifically designed to comply with German legal requirements, including the German Civil Code (BGB), Act Against Unfair Competition (UWG), and GDPR requirements. It's typically used when a company wants to establish a formal relationship with an advertising agency or marketing service provider, covering crucial aspects such as campaign execution, creative services, media buying, performance metrics, and intellectual property rights. The agreement provides clear guidelines on service delivery, approval processes, and compliance with German advertising standards, while protecting both parties' interests in the advertising relationship.
Suggested Sections

1. Parties: Identification of the advertising service provider and the client, including full legal names, registration details, and addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement, including advertising services, materials, deliverables, and campaigns

4. Scope of Services: Detailed description of advertising services to be provided, including types of advertising, channels, and campaign specifications

5. Approval Process: Procedures for submission, review, and approval of advertising materials and campaigns

6. Service Provider's Obligations: Key responsibilities of the advertising agency, including delivery timelines, quality standards, and reporting requirements

7. Client's Obligations: Client responsibilities including providing materials, information, and timely approvals

8. Fees and Payment Terms: Compensation structure, payment schedule, and invoicing procedures

9. Intellectual Property Rights: Ownership and usage rights of creative materials, existing IP, and campaign deliverables

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: GDPR compliance and data processing obligations

12. Term and Termination: Duration of agreement and termination provisions

13. Warranties and Representations: Parties' warranties regarding services, materials, and compliance with laws

14. Limitation of Liability: Liability caps and exclusions in accordance with German law

15. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction

Optional Sections

1. Performance Metrics: Specific KPIs and success metrics for campaigns - include when measurable performance targets are part of the agreement

2. Media Buying: Terms specific to media purchasing and placement - include when agency handles media buying

3. Third-Party Vendors: Provisions regarding use and management of third-party service providers - include when subcontractors are involved

4. Social Media Provisions: Specific terms for social media advertising - include for social media campaigns

5. Competition Restrictions: Non-compete and exclusivity provisions - include when exclusive arrangements are required

6. Crisis Management: Procedures for handling advertising-related crises or emergencies - include for high-risk or sensitive campaigns

7. International Advertising: Provisions for cross-border advertising - include for international campaigns

Suggested Schedules

1. Schedule 1 - Service Specifications: Detailed description of advertising services, channels, and campaign requirements

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, commission structures, and payment terms

3. Schedule 3 - Service Levels: Performance standards, response times, and quality metrics

4. Schedule 4 - Approved Subcontractors: List of pre-approved third-party vendors and service providers

5. Schedule 5 - Brand Guidelines: Client's branding requirements and usage guidelines

6. Appendix A - Campaign Brief Template: Standard template for campaign briefing and approval

7. Appendix B - Reporting Templates: Standard formats for campaign performance and financial reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


































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Relevant Industries

Retail

E-commerce

Technology

Financial Services

Consumer Goods

Healthcare

Automotive

Entertainment

Telecommunications

Fashion

Food and Beverage

Travel and Tourism

Real Estate

Education

Professional Services

Relevant Teams

Legal

Marketing

Procurement

Finance

Compliance

Brand Management

Digital Marketing

Creative Services

Business Development

Operations

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Procurement Manager

Legal Counsel

Advertising Manager

Digital Marketing Manager

Media Buyer

Account Director

Creative Director

Compliance Officer

Contract Manager

Marketing Operations Manager

Business Development Manager

Finance Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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