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Media Agency Contract for Philippines

Media Agency Contract Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes the relationship between an advertiser and a media agency for the planning, buying, and management of advertising media. The document outlines service scope, compensation structures, performance metrics, and compliance requirements with Philippine advertising and media regulations. It includes provisions for both traditional and digital media services, data protection compliance under the Data Privacy Act, and adherence to local advertising standards set by the Ad Standards Council of the Philippines.

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What is a Media Agency Contract?

The Media Agency Contract serves as the primary legal framework for establishing and managing the relationship between advertisers and their appointed media agencies in the Philippines. This document is essential when a company needs to engage professional media services for advertising campaign planning, execution, and optimization. It encompasses detailed provisions for media strategy, buying services, performance measurement, and financial terms, while ensuring compliance with Philippine media and advertising regulations, including the Civil Code, Consumer Act, and Data Privacy Act. The contract typically includes specific clauses addressing both traditional and digital media channels, transparency in media buying, agency remuneration, and audit rights. It's particularly important in the Philippine context where media landscape combines traditional channels with rapidly growing digital platforms, requiring careful consideration of local media ownership rules and content restrictions.

What sections should be included in a Media Agency Contract?

1. Parties: Identifies the contracting parties - the client and the media agency, including their complete legal names and addresses

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

3. Definitions: Defines key terms used throughout the agreement, including technical media and advertising terminology

4. Scope of Services: Detailed outline of media planning, buying, and management services to be provided by the agency

5. Agency Appointments and Authority: Specifies the nature of the agency's appointment and its authority to act on behalf of the client

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

7. Fees and Payment Terms: Details the agency fees, commission structures, payment schedules, and invoicing procedures

8. Approval Process: Describes the process for obtaining client approval for media plans, budgets, and placements

9. Intellectual Property Rights: Addresses ownership and usage rights of creative materials and campaign assets

10. Confidentiality: Protects confidential information exchanged between parties during the engagement

11. Term and Termination: Specifies the contract duration, renewal terms, and conditions for termination

12. Warranties and Indemnities: Outlines guarantees made by both parties and protection against potential claims

13. Governing Law and Jurisdiction: Specifies Philippine law as governing law and defines jurisdiction for dispute resolution

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

1. Digital Media Services: Detailed provisions for digital media planning and buying, including programmatic advertising - include when digital services are a significant part of the scope

2. Performance Metrics: Specific KPIs and performance measurement criteria - include when performance-based compensation is part of the agreement

3. Data Protection and Privacy: Detailed provisions for handling personal data in compliance with the Data Privacy Act - include when collecting or processing personal data

4. Multi-Market Services: Provisions for managing media services across multiple markets or regions - include for international campaigns

5. Audit Rights: Client's right to audit agency's media buying and financial records - include for large budget contracts

6. Force Majeure: Provisions for handling unforeseen circumstances affecting contract performance - include based on client preference

7. Anti-Bribery and Corruption: Compliance with anti-corruption laws - include for multinational clients or high-value contracts

8. Sustainability Requirements: Environmental and social responsibility requirements - include when client has specific ESG policies

What schedules should be included in a Media Agency Contract?

1. Schedule A - Scope of Services: Detailed breakdown of all media services to be provided, including specific channels and activities

2. Schedule B - Fee Structure: Comprehensive fee calculations, commission rates, and payment terms

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

4. Schedule D - Approved Media Vendors: List of pre-approved media vendors and platforms

5. Schedule E - Reporting Requirements: Templates and specifications for regular reporting and performance analytics

6. Schedule F - Key Personnel: List of key team members and their roles in service delivery

7. Appendix 1 - Media Brief Template: Standard template for client media briefs

8. Appendix 2 - Approval Forms: Standard forms for obtaining client approval on media plans and budgets

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

Philippines

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions





















































Clauses















































Relevant Industries

Retail

Consumer Goods

Technology

Telecommunications

Banking and Finance

Healthcare

Automotive

Real Estate

Entertainment

Food and Beverage

Education

Travel and Tourism

E-commerce

Manufacturing

Professional Services

Relevant Teams

Legal

Marketing

Finance

Procurement

Brand Management

Digital Marketing

Compliance

Media Operations

Advertising

Risk Management

Relevant Roles

Chief Marketing Officer

Marketing Director

Media Manager

Procurement Manager

Legal Counsel

Finance Director

Brand Manager

Digital Marketing Manager

Advertising Manager

Contract Manager

Chief Financial Officer

Marketing Operations Manager

Media Planning Director

Agency Relations Manager

Compliance 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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