The Agency of Record Contract serves as the foundational document for establishing a formal relationship between a company and its primary advertising or marketing agency in India. This agreement is essential when a company wants to designate a single agency as their primary partner for handling advertising, marketing, and related communications activities. The contract, governed by Indian law, particularly the Indian Contract Act, 1872, and various advertising regulations, outlines comprehensive terms including service scope, exclusivity provisions, compensation structures, approval workflows, and operational procedures. It's typically used for long-term agency relationships and includes provisions for both traditional and digital marketing services, intellectual property rights, confidentiality, and performance metrics.
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1. Parties: Identification of the Client and Agency with full legal names and registered addresses
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Appointment and Scope: Formal appointment of agency and detailed scope of services
5. Term and Renewal: Duration of the agreement and renewal terms
6. Agency Services and Obligations: Detailed description of services and agency's responsibilities
7. Client Obligations: Client's responsibilities and commitments
8. Approval Process: Process for submitting, reviewing, and approving work
9. Financial Terms: Fee structure, payment terms, and related financial provisions
10. Intellectual Property Rights: Ownership and licensing of creative works and materials
11. Confidentiality: Protection of confidential information and trade secrets
12. Representations and Warranties: Standard warranties and representations from both parties
13. Indemnification: Mutual indemnification provisions and liability limitations
14. Termination: Grounds for termination and post-termination obligations
15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Media Buying Terms: Specific terms for media purchasing when agency handles media buying
2. Digital Services: Additional provisions for digital marketing and online services
3. Performance Metrics: KPIs and performance measurement criteria when specific targets are agreed
4. International Services: Additional terms for cross-border services and international campaigns
5. Data Protection: Specific data protection and privacy terms when handling personal data
6. Exclusivity: Terms regarding exclusive agency relationship if applicable
7. Crisis Management: Procedures for handling PR crises or emergency situations
8. Sustainable Practices: Environmental and sustainability commitments when relevant to brand values
1. Schedule A - Scope of Services: Detailed breakdown of all services to be provided
2. Schedule B - Fee Structure: Comprehensive fee schedule including rate cards and commission structures
3. Schedule C - Service Level Agreement: Specific service levels, response times, and performance metrics
4. Schedule D - Key Personnel: List of key team members and their roles
5. Schedule E - Approval Matrix: Decision-making hierarchy and approval processes
6. Schedule F - Brand Guidelines: Client's brand guidelines and requirements
7. Appendix 1 - Standard Operating Procedures: Detailed operational procedures and workflows
8. Appendix 2 - Reporting Templates: Templates for regular reporting and performance tracking
Relevant legal definitions
Clauses
Relevant Industries
Retail
Consumer Goods
Technology
Telecommunications
Financial Services
Automotive
Healthcare
Entertainment
Real Estate
Education
Travel and Tourism
Food and Beverage
Fashion and Apparel
E-commerce
Relevant Teams
Legal
Marketing
Finance
Procurement
Brand Management
Commercial
Compliance
Media Operations
Digital Marketing
Creative Services
Relevant Roles
Chief Marketing Officer
Marketing Director
Brand Manager
Procurement Manager
Legal Counsel
Finance Director
Commercial Director
Head of Advertising
Marketing Operations Manager
Contract Manager
Agency Relations Manager
Media Director
Digital Marketing Manager
Creative Director
Chief Financial Officer
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