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Advertising Sales Agreement

Advertising Sales Agreement Template for United States

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Key Requirements PROMPT example:

Advertising Sales Agreement

"Need an Advertising Sales Agreement for our digital media company to sell banner ad space on our website to corporate clients, with specific performance metrics and a minimum commitment of $50,000 per quarter starting March 2025."

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Document background
The Advertising Sales Agreement serves as the primary contractual framework for managing advertising relationships in the United States market. This document is essential when businesses seek to formalize their advertising arrangements, whether for traditional media, digital platforms, or multi-channel campaigns. The agreement covers crucial aspects such as pricing structures, placement specifications, performance metrics, and compliance with federal and state advertising regulations. It's designed to protect both parties' interests while ensuring transparency and accountability in advertising transactions. The document typically includes specific provisions for content approval, payment terms, cancellation rights, and regulatory compliance.
Suggested Sections

1. Parties: Identifies the parties entering into the agreement, including legal names and addresses

2. Background/Recitals: Provides context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the advertising services to be provided

5. Payment Terms: Specifies rates, payment schedule, and invoicing procedures

6. Term and Termination: Duration of agreement and conditions for termination

7. Compliance with Laws: Obligations to comply with advertising laws and regulations

8. Intellectual Property Rights: Ownership and usage rights of advertising materials

9. Representations and Warranties: Standard assurances from both parties

Optional Sections

1. Performance Metrics: Specific KPIs and measurement criteria for digital advertising or performance-based campaigns

2. Territory Restrictions: Geographic limitations on advertising distribution when advertising is limited to specific regions

3. Agency Commission: Commission structure for relationships with advertising agencies

4. Data Protection: Specific data handling and privacy requirements when collecting or processing personal data

Suggested Schedules

1. Rate Card: Detailed pricing structure for different advertising services

2. Advertising Specifications: Technical requirements for advertising materials

3. Service Level Agreement: Performance standards and metrics

4. Creative Guidelines: Brand guidelines and content requirements

5. Campaign Schedule: Timeline of advertising placements and deliverables

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
Clauses






























Industries

Federal Trade Commission Act: Primary federal law governing unfair or deceptive advertising practices and consumer protection in advertising

Lanham Act: Federal trademark law that also governs false advertising and unfair competition in advertising

CAN-SPAM Act: Regulates commercial email practices and sets requirements for digital advertising communications

Children's Online Privacy Protection Act (COPPA): Regulates the collection and use of personal information from children under 13 in advertising and online services

Americans with Disabilities Act (ADA): Ensures advertising content is accessible to individuals with disabilities

Truth in Advertising Laws: Section 5 of the FTC Act and state-specific laws requiring truthful, non-deceptive advertising practices

Copyright Act: Protects original creative works used in advertising and governs their usage rights

Digital Advertising Alliance Self-Regulatory Principles: Industry guidelines for online advertising, including privacy and data collection practices

State Privacy Laws: Various state-specific privacy regulations, such as CCPA in California, affecting advertising data practices

Industry-Specific Regulations: Special rules governing advertising in regulated industries like tobacco, alcohol, and gambling

Uniform Commercial Code: Standardized state laws governing commercial transactions, including advertising contracts

Platform-Specific Advertising Policies: Rules and guidelines set by major advertising platforms like Google and Facebook

State Consumer Protection Laws: State-specific regulations protecting consumers from deceptive advertising practices

Right of Publicity Laws: State laws governing the use of an individual's name, image, or likeness in advertising

FCC Regulations: Federal Communications Commission rules governing broadcast advertising and communications

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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