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Online Advertising Contract Template for India

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Key Requirements PROMPT example:

Online Advertising Contract

"I need an Online Advertising Contract for a six-month social media campaign starting March 2025, between my e-commerce company and a digital marketing agency in Mumbai, with specific focus on Instagram and Facebook advertising with performance-based payment terms."

Document background
The Online Advertising Contract is designed for use in the Indian market where digital advertising spending continues to grow significantly. This agreement is essential when establishing a formal relationship between advertising service providers and clients for digital campaign delivery. It covers crucial aspects including campaign specifications, performance metrics, data handling, and payment terms, while ensuring compliance with Indian legal requirements including the Information Technology Act, 2000, Consumer Protection Act, 2019, and ASCI guidelines. The contract is particularly relevant in today's digital-first environment where online advertising plays a crucial role in marketing strategies. It includes provisions for various digital channels, from social media to programmatic advertising, and addresses modern concerns such as data privacy and digital content rights.
Suggested Sections

1. Parties: Identification of the advertising service provider and the client, including their registered addresses and company details

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 campaign objectives

5. Campaign Specifications: Specific details about advertising campaigns, including timing, targeting, and delivery requirements

6. Service Provider Obligations: Key responsibilities and commitments of the advertising service provider

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

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

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

10. Fees and Payment Terms: Pricing structure, payment schedule, and billing procedures

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

12. Data Protection and Privacy: Obligations regarding user data handling, privacy compliance, and data security measures

13. Confidentiality: Protection of confidential information shared between parties

14. Term and Termination: Duration of the agreement and conditions for termination

15. General Provisions: Standard legal clauses including governing law, dispute resolution, and notices

Optional Sections

1. Third-Party Platforms: Terms specific to advertising on third-party platforms or networks, used when campaigns involve external advertising platforms

2. Programmatic Advertising: Specific terms for automated ad buying and placement, included when using programmatic advertising technology

3. Social Media Advertising: Special terms for social media platform advertising, used when campaigns include social media components

4. Influencer Marketing: Terms specific to influencer collaborations, included when the advertising strategy involves influencer partnerships

5. Mobile Advertising: Specific requirements for mobile app or mobile web advertising, used for mobile-focused campaigns

6. Cross-Border Advertising: Additional terms for international campaigns, included when advertising spans multiple jurisdictions

7. Agency Commission: Terms relating to agency fees and commission structures, used when working with advertising agencies

8. Content Creation Services: Terms for creative services and content development, included when the provider is also creating advertising content

Suggested Schedules

1. Schedule 1 - Service Level Agreement: Detailed performance standards, response times, and service quality metrics

2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, rates, and payment terms including any variable pricing models

3. Schedule 3 - Campaign Specifications: Technical specifications for advertising campaigns including formats, sizes, and technical requirements

4. Schedule 4 - Approved Advertising Platforms: List of approved platforms and networks for ad placement

5. Schedule 5 - Reporting Requirements: Detailed reporting formats, frequencies, and metrics to be included

6. Schedule 6 - Data Processing Agreement: Detailed terms for handling personal data in compliance with privacy laws

7. Appendix A - Creative Guidelines: Specifications for creative materials and brand guidelines

8. Appendix B - Approval Workflow: Detailed process flow for campaign approval and change management

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

Technology

E-commerce

Retail

Financial Services

Healthcare

Education

Media and Entertainment

Telecommunications

Travel and Hospitality

Consumer Goods

Professional Services

Real Estate

Automotive

Fashion and Apparel

Relevant Teams

Legal

Marketing

Digital Operations

Compliance

Finance

Business Development

Creative Services

Media Planning

Account Management

Digital Strategy

Technology

Data Analytics

Relevant Roles

Marketing Director

Digital Marketing Manager

Advertising Operations Manager

Media Buying Manager

Chief Marketing Officer

Digital Campaign Manager

Legal Counsel

Compliance Officer

Business Development Manager

Account Director

Digital Strategy Director

Media Planning Manager

Performance Marketing Manager

E-commerce Manager

Brand Manager

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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