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Advertising Agency Retainer Agreement
"I need an Advertising Agency Retainer Agreement for my national retail chain, focusing on digital marketing services and social media management, with strict data protection clauses and performance metrics for our planned expansion starting January 2025."
1. Parties: Identification of the advertising agency and the client, including full legal names, addresses, and company details
2. Background: Context of the agreement, including brief description of the agency's business, client's requirements, and purpose of the retainer arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Scope of Services: Comprehensive outline of core advertising and marketing services to be provided under the retainer
5. Term and Renewal: Duration of the retainer agreement and conditions for renewal
6. Retainer Fees and Payment Terms: Monthly retainer amount, payment schedule, and invoicing procedures
7. Agency Obligations: Core responsibilities and commitments of the advertising agency
8. Client Obligations: Client's responsibilities, including provision of materials, approvals, and timely feedback
9. Intellectual Property Rights: Ownership and licensing of creative works, campaigns, and materials developed during the engagement
10. Confidentiality: Protection of confidential information exchanged during the relationship
11. Performance Metrics: Key performance indicators and evaluation criteria for agency services
12. Termination: Conditions and procedures for ending the agreement
13. Liability and Indemnification: Limitation of liability and mutual indemnification provisions
14. General Provisions: Standard legal clauses including governing law, dispute resolution, and entire agreement
1. Additional Project Fees: Include when services beyond the retainer scope may be required, specifying how additional projects will be quoted and billed
2. Media Buying Services: Include when the agency will handle media purchasing, including commission structures and reporting requirements
3. Digital Marketing Services: Include when specific digital marketing services are part of the arrangement, including social media management and online advertising
4. Creative Development Process: Include when detailed creative approval processes need to be documented
5. Data Protection and Privacy: Include when handling significant amounts of customer data or operating in multiple jurisdictions
6. Exclusivity: Include when the agency is restricted from working with competing clients
7. International Services: Include when services will be provided across multiple countries
8. Crisis Management: Include when the agency will handle crisis communications or reputation management
1. Schedule A - Scope of Services Detail: Detailed breakdown of all services covered under the retainer, including deliverables and timeframes
2. Schedule B - Fee Schedule: Comprehensive fee structure, including retainer fees, hourly rates for additional work, and expense policies
3. Schedule C - Key Personnel: List of key agency team members assigned to the account and their roles
4. Schedule D - Service Level Agreement: Specific performance metrics, response times, and quality standards
5. Schedule E - Brand Guidelines: Client's brand guidelines and requirements for creative work
6. Schedule F - Approval Process: Detailed workflow for approvals of creative work and campaigns
7. Appendix 1 - Report Templates: Standard templates for performance reporting and campaign analytics
8. Appendix 2 - Technology Specifications: Technical requirements and specifications for digital deliverables
Authors
Agency
Agency Personnel
Applicable Laws
Approval
Assets
Brand Guidelines
Business Day
Campaign
Client
Client Materials
Commencement Date
Confidential Information
Core Services
Creative Works
Deliverables
Digital Media
Effective Date
Expenses
Force Majeure Event
Initial Term
Intellectual Property Rights
Key Performance Indicators
Key Personnel
Media Buy
Media Plan
Monthly Fee
Out of Scope Services
Performance Report
Pre-existing Materials
Project Brief
Renewal Term
Retainer Services
Review Meeting
Scope of Work
Service Levels
Social Media
Specifications
Standard Rates
Term
Territory
Third Party Materials
Timelines
Working Hours
Appointment
Term and Renewal
Services
Service Levels
Agency Obligations
Client Obligations
Key Personnel
Fees and Payment
Expenses
Invoicing
Performance Review
Intellectual Property
Data Protection
Confidentiality
Non-Solicitation
Non-Compete
Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Termination
Exit Obligations
Assignment
Subcontracting
Dispute Resolution
Governing Law
Notices
Amendment
Severability
Entire Agreement
Counterparts
Relationship of Parties
Publicity
Compliance with Laws
Anti-Bribery
Record Keeping
Audit Rights
Retail
Consumer Goods
Financial Services
Technology
Healthcare
Automotive
Real Estate
Entertainment
Hospitality
Education
Professional Services
Telecommunications
Non-Profit Organizations
Manufacturing
Energy
Legal
Marketing
Finance
Procurement
Compliance
Business Development
Creative Services
Digital Marketing
Media Planning
Brand Management
Commercial Operations
Chief Marketing Officer
Marketing Director
Brand Manager
Procurement Manager
Legal Counsel
Commercial Director
Managing Director
Finance Director
Account Director
Creative Director
Digital Marketing Manager
Media Planning Manager
Compliance Officer
Contract Manager
Business Development Manager
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