¶¶Òõ¶ÌÊÓƵ

The Online Advertising Contract is essential for businesses engaging in digital advertising activities within the German legal framework. It is typically used when a company (advertiser) engages an advertising service provider to run online advertising campaigns across various digital platforms. The contract must comply with German legal requirements, including the Civil Code (BGB), Telemedia Act (TMG), and GDPR implementation. It addresses crucial aspects such as campaign specifications, performance measurement, data protection, intellectual property rights, and payment terms. This document is particularly important given Germany's strict regulatory environment regarding digital advertising, data protection, and consumer rights. The agreement should be customized based on the specific type of online advertising services, whether they involve display advertising, social media, programmatic buying, or other digital advertising formats.

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: Definitions of key terms used throughout the agreement, including technical advertising terms

4. Scope of Services: Detailed description of the advertising services to be provided, including types of ads, platforms, and campaigns

5. Campaign Specifications: Specific details about advertising campaigns, including target audience, geographical scope, and timing

6. Service Provider Obligations: Key responsibilities of the advertising service provider, including delivery, reporting, and quality standards

7. Client Obligations: Client's responsibilities, including provision of materials, approvals, and content requirements

8. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing requirements

9. Performance Metrics: Key performance indicators (KPIs) and measurement criteria for advertising campaigns

10. Data Protection and Privacy: GDPR compliance measures and data processing terms

11. Intellectual Property Rights: Ownership and usage rights of advertising materials and content

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

13. Confidentiality: Protection of confidential information exchanged during the relationship

14. Liability and Indemnification: Limitation of liability and indemnification obligations

15. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement