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Advertising Agency Retainer Agreement for Singapore

Advertising Agency Retainer Agreement Template for Singapore

A comprehensive legal agreement governed by Singapore law that establishes a long-term relationship between an advertising agency and its client. The agreement outlines the ongoing services, deliverables, payment terms, and responsibilities of both parties, while ensuring compliance with Singapore's advertising regulations, data protection laws, and industry standards. It includes provisions for intellectual property rights, confidentiality, and dispute resolution specific to the Singapore legal framework.

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What is a Advertising Agency Retainer Agreement?

The Advertising Agency Retainer Agreement is essential for businesses in Singapore seeking to establish a continuous professional relationship with an advertising agency. This document is particularly relevant when a client requires regular advertising services over an extended period, rather than project-based engagements. It comprehensively addresses Singapore's regulatory requirements, including compliance with the Singapore Code of Advertising Practice (SCAP) and Personal Data Protection Act (PDPA). The agreement typically covers monthly retainer fees, service scope, performance metrics, intellectual property rights, and termination conditions, providing a stable framework for long-term advertising partnerships.

What sections should be included in a Advertising Agency Retainer Agreement?

1. Parties: Identification and details of the Agency and Client

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of advertising services to be provided

5. Term and Renewal: Duration of the agreement and renewal terms

6. Fees and Payment Terms: Retainer fee structure, payment schedule, and additional costs

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

8. Confidentiality: Protection of confidential information

9. Termination: Conditions for ending the agreement

What sections are optional to include in a Advertising Agency Retainer Agreement?

1. Performance Metrics: KPIs and success metrics - used when specific performance targets are required

2. Data Protection: PDPA compliance obligations - used when handling personal data

3. Non-Compete: Restrictions on working with competitors - used when exclusivity is required

4. Insurance: Required insurance coverage - used for high-value or high-risk campaigns

5. Force Majeure: Provisions for unforeseen circumstances - used for long-term agreements

What schedules should be included in a Advertising Agency Retainer Agreement?

1. Schedule 1: Scope of Services: Detailed breakdown of services and deliverables

2. Schedule 2: Fee Schedule: Detailed pricing structure and payment terms

3. Schedule 3: Service Level Agreement: Performance standards and response times

4. Schedule 4: Key Personnel: List of key team members and their roles

5. Appendix A: Compliance Requirements: Relevant advertising standards and regulations

6. Appendix B: Reporting Templates: Standard formats for performance reporting

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

Singapore

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions
































Clauses



































Industries

Contract Law (Chapter 2): Primary legislation governing formation and enforcement of contracts in Singapore, essential for the basic structure and enforceability of the retainer agreement

Companies Act (Chapter 50): Regulates business entities in Singapore, relevant for understanding the legal status and capabilities of contracting parties

Consumer Protection (Fair Trading) Act: Ensures fair trading practices and protects consumers from unfair practices in advertising and marketing

Personal Data Protection Act 2012 (PDPA): Governs collection, use, and disclosure of personal data in advertising campaigns and customer information handling

Singapore Code of Advertising Practice (SCAP): Industry-specific guidelines setting standards for advertising content and practices in Singapore

ASAS Guidelines: Detailed guidelines issued by the Advertising Standards Authority of Singapore for advertising compliance

Internet Advertising Guidelines: Specific regulations governing online advertising and digital marketing practices

Broadcasting Act: Regulates broadcast advertising and media content distribution

Electronic Transactions Act: Governs electronic communications and digital transactions in advertising services

Spam Control Act: Regulates unsolicited electronic messages and marketing communications

Copyright Act: Protects creative works and intellectual property rights in advertising materials

Trade Marks Act: Governs the use and protection of trademarks in advertising campaigns

Patents Act: Protects innovative advertising technologies and methods

Competition Act (Chapter 50B): Ensures fair competition and prevents anti-competitive practices in the advertising industry

Employment Act: Regulates employment relationships and working conditions if staff are involved in the agreement

MAS Guidelines: Specific regulations for financial services advertising issued by the Monetary Authority of Singapore

Healthcare Advertising Guidelines: Specific regulations governing the advertising of healthcare products and services

Food Advertising Regulations: Guidelines specific to food and beverage advertising in Singapore

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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