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Advertising Agency Contract

Advertising Agency Contract Template for New Zealand

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Key Requirements PROMPT example:

Advertising Agency Contract

"I need an Advertising Agency Contract for a digital-only advertising agency in New Zealand that will handle our social media marketing and online campaigns starting March 2025, with specific provisions for performance metrics and data protection."

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Document background
The Advertising Agency Contract serves as the primary legal framework for establishing and managing the relationship between advertising agencies and their clients in New Zealand. This document is essential when engaging an advertising agency for services such as campaign development, media planning, creative services, and digital marketing. The contract addresses key aspects including service scope, intellectual property rights, approval processes, and payment terms, while ensuring compliance with New Zealand's advertising standards, consumer protection laws, and privacy regulations. It's particularly important for protecting both parties' interests, setting clear expectations, and establishing proper workflows for campaign development and implementation. The agreement can be customized for various service levels, from full-service agency arrangements to project-specific engagements, while maintaining compliance with New Zealand legal requirements.
Suggested Sections

1. Parties: Identification of the advertising agency and the client, including full legal names, addresses, and company registration numbers

2. Background: Context of the agreement, including brief description of the agency's business and client's requirements

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Appointment and Scope of Services: Formal appointment of the agency and outline of core services to be provided

5. Agency Obligations: Key responsibilities and duties of the advertising agency

6. Client Obligations: Key responsibilities and duties of the client, including provision of materials and approvals

7. Approval Process: Steps for submission, review, and approval of advertising materials

8. Intellectual Property Rights: Ownership and licensing of creative works, existing IP, and newly created materials

9. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures

10. Confidentiality: Protection of confidential information for both parties

11. Term and Termination: Duration of agreement and circumstances for termination

12. Warranties and Indemnities: Guarantees provided by both parties and protection against claims

13. Limitation of Liability: Extent and limits of each party's liability

14. General Provisions: Standard contract clauses including governing law, notices, and assignment

Optional Sections

1. Media Buying Services: Specific terms for media planning, buying, and placement services if included

2. Digital Marketing Services: Terms specific to digital marketing, social media, and online advertising if provided

3. Performance Metrics: KPIs and performance measurement criteria if specific targets are agreed

4. Staff Requirements: Details of key personnel assignments if specific staff are crucial to the service

5. International Advertising: Additional terms for international campaign management if applicable

6. Crisis Management: Procedures for handling advertising-related PR crises if required

7. Data Protection: Enhanced data protection terms if handling significant customer data

8. Competitive Exclusivity: Terms preventing the agency from working with competitors if exclusivity is required

Suggested Schedules

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

2. Schedule 2: Fee Structure: Comprehensive fee schedule 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 standards and response times

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

6. Schedule 6: Approval Workflow: Detailed workflow for creative approval processes

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

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

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions















































Clauses










































Relevant Industries

Retail

Consumer Goods

Financial Services

Technology

Healthcare

Automotive

Food and Beverage

Entertainment

Tourism

Real Estate

Education

Professional Services

Telecommunications

Non-profit Organizations

Government and Public Sector

Relevant Teams

Legal

Marketing

Procurement

Finance

Brand Management

Corporate Communications

Digital Marketing

Business Development

Creative Services

Media Planning

Account Management

Compliance

Operations

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Procurement Manager

Legal Counsel

Advertising Manager

Marketing Manager

Agency Account Director

Creative Director

Media Director

Digital Marketing Manager

Communications Manager

Business Development Manager

Contract Manager

Finance Director

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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