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Agency Of Record Agreement Template for Singapore

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Key Requirements PROMPT example:

Agency Of Record Agreement

"Need an Agency of Record Agreement for appointing a digital marketing agency to handle our APAC social media campaigns, with specific KPIs for engagement rates and a monthly retainer of SGD 25,000, starting from March 2025."

Document background
The Agency of Record Agreement is essential when organizations wish to establish a primary, long-term relationship with a marketing, advertising, or media agency in Singapore. This document formalizes the appointment of an agency as the official representative for specified services, defining their authority to act on behalf of the client. The agreement addresses crucial aspects such as service scope, compensation, approval processes, and compliance with Singapore's regulatory framework, including the Personal Data Protection Act and advertising standards. It's particularly relevant when companies need to centralize their marketing or advertising efforts through a single agency partner, ensuring consistency and accountability in brand communications.
Suggested Sections

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

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

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Terms of agency appointment and scope of services

5. Term and Termination: Duration of agreement and termination provisions

6. Fees and Payment: Compensation structure, payment terms, and expenses

7. Obligations of the Agency: Agency's responsibilities and service commitments

8. Obligations of the Principal: Principal's responsibilities and commitments

9. Intellectual Property Rights: Ownership and usage rights of created materials

10. Confidentiality: Protection of confidential information

Optional Sections

1. Performance Metrics: Specific KPIs and performance evaluation criteria for measuring agency's effectiveness

2. Exclusivity: Terms defining exclusive representation rights and restrictions on working with competitors

3. Insurance: Required insurance coverage and liability protection requirements

4. Data Protection: PDPA compliance obligations and data handling procedures

5. Force Majeure: Provisions covering unforeseen circumstances and their impact on obligations

Suggested Schedules

1. Schedule of Services: Detailed breakdown of all services to be provided by the agency

2. Fee Schedule: Comprehensive breakdown of fees, charges, and payment structure

3. Service Level Agreement: Detailed performance metrics, response times, and service standards

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

5. Approval Process: Detailed workflow for approvals and sign-offs on deliverables

6. Brand Guidelines: Client's branding requirements and standards for agency compliance

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

Relevant legal definitions






































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Industries

Contract Law (Chapter 53): Primary legislation governing formation and enforcement of contracts in Singapore, essential for the basic structure and enforceability of the Agency of Record Agreement

Companies Act (Chapter 50): Regulates corporate entities in Singapore, relevant for verifying company authority and capacity to enter into agency agreements

Electronic Transactions Act (Chapter 88): Governs electronic transactions and digital signatures, important for digital execution and electronic communications

Personal Data Protection Act 2012: Regulates collection, use, and disclosure of personal data, crucial for handling client information and data protection obligations

Civil Law Act (Chapter 43): Contains provisions relevant to agency relationships and commercial transactions in Singapore

Competition Act (Chapter 50B): Ensures fair competition and prevents anti-competitive practices in agency-client relationships

Consumer Protection (Fair Trading) Act: Protects consumers against unfair practices, relevant when agency acts on behalf of client in consumer-facing activities

Broadcasting Act: Regulates broadcasting services and content, applicable if agency handles media and broadcasting services

ASAS Guidelines: Advertising Standards Authority of Singapore guidelines governing advertising practices and standards

Singapore Code of Advertising Practice: Detailed guidelines for advertising practices and standards in Singapore

Employment Act (Chapter 91): Governs employment relationships, relevant if agency agreement involves staffing provisions

Copyright Act (Chapter 63): Protects creative works and intellectual property, crucial for content creation and ownership rights

Trade Marks Act (Chapter 332): Protects trademarks and brand elements, important for brand management and marketing activities

Patents Act (Chapter 221): Protects inventions and innovations, relevant if agency work involves product development or technical solutions

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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