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Media Agency Contract for New Zealand

Media Agency Contract Template for New Zealand

This document is a comprehensive Media Agency Contract designed for use in New Zealand, governed by New Zealand law including the Fair Trading Act 1986 and relevant media regulations. It establishes the legal framework for the relationship between a media agency and its client, detailing service provisions, performance metrics, compensation structures, and compliance requirements specific to the New Zealand media landscape. The contract incorporates essential elements of media planning, buying, and management while ensuring alignment with New Zealand's advertising standards and privacy regulations.

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What is a Media Agency Contract?

The Media Agency Contract serves as the primary legal instrument governing the relationship between media agencies and their clients in New Zealand. This document is essential when engaging professional media services for advertising, marketing, and communications activities. It comprehensively covers service scope, responsibilities, performance metrics, compensation, and compliance with New Zealand's regulatory framework, including the Fair Trading Act 1986, Privacy Act 2020, and Advertising Standards Authority requirements. The contract is designed to protect both parties' interests while ensuring transparency in media planning, buying, and campaign management. It's particularly relevant in today's digital age where media services span traditional and digital channels, requiring clear guidelines on data handling, intellectual property rights, and performance measurement.

What sections should be included in a Media Agency Contract?

1. Parties: Identification of the media agency and the client, including full legal names and registered addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

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

4. Appointment and Scope of Services: Details of the agency's appointment and comprehensive description of services to be provided

5. Term: Duration of the agreement, including commencement date and renewal provisions

6. Agency Obligations: Detailed responsibilities and commitments of the media agency

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

8. Fees and Payment Terms: Compensation structure, payment schedule, and related financial terms

9. Performance Metrics: Key performance indicators and measurement criteria

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

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection and Privacy: Compliance with Privacy Act 2020 and data handling procedures

13. Warranties and Representations: Guarantees provided by both parties

14. Liability and Indemnification: Limitation of liability and indemnification provisions

15. Termination: Conditions for contract termination and consequences

16. General Provisions: Standard legal clauses including governing law, notices, and assignment

What sections are optional to include in a Media Agency Contract?

1. Media Buying Terms: Specific terms for media purchasing when the agency handles media buying services

2. Digital Services: Detailed provisions for digital marketing services when included in scope

3. Creative Services: Terms specific to creative development when the agency provides creative services

4. International Services: Additional terms for international media services when required

5. Staff and Resources: Specific provisions about dedicated team members when required by client

6. Competitive Restrictions: Non-compete provisions when exclusivity is required

7. Crisis Management: Procedures for handling media crises when needed for high-profile clients

8. Sustainable Practices: Environmental and social responsibility commitments when relevant to client requirements

What schedules should be included in a Media Agency Contract?

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

2. Schedule 2: Fee Structure: Comprehensive fee schedule including commission rates and charging mechanisms

3. Schedule 3: Key Performance Indicators: Detailed metrics and measurement methodologies

4. Schedule 4: Approved Media Channels: List of approved media channels and platforms

5. Schedule 5: Service Level Agreement: Specific service levels and response times

6. Schedule 6: Key Personnel: Details of key team members and their roles

7. Appendix A: Reporting Templates: Standard templates for performance and financial reporting

8. Appendix B: Brand Guidelines: Client's brand guidelines and requirements

9. Appendix C: Compliance Requirements: Specific regulatory and compliance requirements

Authors

Alex Denne

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

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions









































Clauses
















































Relevant Industries

Advertising and Marketing

Media and Entertainment

Retail

Financial Services

Technology

Consumer Goods

Healthcare

Tourism and Hospitality

Education

Professional Services

Telecommunications

Real Estate

Automotive

Non-profit Organizations

Relevant Teams

Legal

Marketing

Procurement

Finance

Compliance

Digital Marketing

Brand Management

Advertising

Media Planning

Account Management

Operations

Risk Management

Relevant Roles

Chief Marketing Officer

Marketing Director

Media Director

Account Director

Legal Counsel

Procurement Manager

Marketing Manager

Digital Marketing Manager

Brand Manager

Advertising Manager

Media Buyer

Campaign Manager

Contract Administrator

Finance Director

Compliance Officer

Agency Relations 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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