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Agency Of Record Contract Template for India

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Key Requirements PROMPT example:

Agency Of Record Contract

"I need an Agency of Record Contract for my e-commerce company in India, with specific focus on digital marketing services and social media management, including provisions for performance-based compensation and quarterly KPI reviews."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

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

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

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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