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Ad Agency Agreement Template for New Zealand

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Key Requirements PROMPT example:

Ad Agency Agreement

"Need an Ad Agency Agreement under New Zealand law for a digital marketing campaign launching in March 2025, covering social media management, content creation, and performance marketing services, with specific provisions for data protection and cross-border advertising."

Document background
The Ad Agency Agreement serves as the foundational document for establishing and managing the relationship between advertising agencies and their clients in New Zealand. This agreement is essential when a business seeks to engage professional advertising services for their marketing and promotional needs. It comprehensively covers all aspects of the agency-client relationship, including service scope, creative development, media planning, digital services, and performance metrics. The document ensures compliance with New Zealand's legal framework, including the Fair Trading Act 1986, Privacy Act 2020, and relevant advertising standards. It is particularly important for protecting both parties' interests, establishing clear deliverables, and setting expectations for the working relationship while maintaining alignment with New Zealand's business practices and regulatory requirements.
Suggested Sections

1. Parties: Identifies and provides full legal details of the advertising agency and the client

2. Background: Outlines the context of the agreement, including the client's need for advertising services and the agency's expertise

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope of Services: Details the formal appointment of the agency and outlines the core advertising services to be provided

5. Agency Obligations: Specifies the agency's responsibilities, including service standards, reporting requirements, and delivery timelines

6. Client Obligations: Outlines the client's responsibilities, including providing necessary information, approvals, and cooperation

7. Approval Process: Details the process for submitting, reviewing, and approving advertising materials

8. Fees and Payment Terms: Specifies the fee structure, payment schedule, and billing procedures

9. Intellectual Property Rights: Addresses ownership and usage rights of creative materials and existing IP

10. Confidentiality: Defines confidential information and obligations regarding its protection

11. Term and Termination: Specifies the agreement duration, renewal options, and termination conditions

12. Liability and Indemnification: Outlines liability limitations and indemnification obligations of both parties

13. General Provisions: Includes standard legal clauses such as governing law, notices, and assignment

Optional Sections

1. Media Buying Services: Include when the agency will handle media purchasing and placement

2. Digital Marketing Services: Add when specific digital marketing services are part of the scope

3. Performance Metrics: Include when specific KPIs or performance standards are agreed upon

4. International Services: Add when advertising services extend to multiple jurisdictions

5. Data Protection and Privacy: Include detailed privacy provisions when handling significant customer data

6. Social Media Management: Add when social media services are specifically included

7. Crisis Management: Include when crisis communication services are part of the scope

8. Subcontractor Provisions: Add when the agency will regularly engage subcontractors

9. Award Rights: Include when addressing rights to submit work for industry awards

10. Exclusivity Provisions: Add when exclusive arrangements are agreed upon

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of all advertising services to be provided

2. Schedule 2 - Fee Schedule: Comprehensive fee structure including hourly rates, project fees, and commission structures

3. Schedule 3 - Key Personnel: List of key agency team members assigned to the client's account

4. Schedule 4 - Service Level Agreement: Specific performance metrics, response times, and service standards

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

6. Schedule 6 - Approval Workflow: Detailed process flow for creative approval and revision cycles

7. Appendix A - Media Planning Template: Standard template for media plans and budgets

8. Appendix B - Reporting Templates: Templates for regular performance and campaign reporting

9. Appendix C - Third-Party Vendors: List of approved vendors and subcontractors

10. Appendix D - Client Assets: Inventory of client-provided materials and assets

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

Financial Services

Technology

Healthcare

Automotive

Food and Beverage

Travel and Tourism

Entertainment

Education

Real Estate

Professional Services

Telecommunications

Non-Profit Organizations

Government Services

Relevant Teams

Legal

Marketing

Procurement

Finance

Compliance

Creative Services

Digital Marketing

Brand Management

Communications

Business Development

Operations

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Procurement Manager

Legal Counsel

Creative Director

Account Director

Media Director

Digital Marketing Manager

Finance Director

Compliance Officer

Contract Manager

Agency Principal

Marketing Operations Manager

Communications 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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