Media Agency Contract Template for Australia

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Key Requirements PROMPT example:

Media Agency Contract

"I need a Media Agency Contract for my retail company engaging a full-service agency to handle both traditional and digital advertising across Australia, with special emphasis on social media management and performance reporting, starting March 2025."

Document background
The Media Agency Contract serves as the primary legal framework for establishing and managing the relationship between organizations requiring media and advertising services and professional media agencies in Australia. This document is essential when a business wants to engage a media agency to handle their advertising campaigns, media planning, buying, and related services. The contract addresses crucial aspects such as service scope, performance metrics, compensation models, and compliance with Australian advertising standards and media regulations. It includes specific provisions for both traditional and digital media channels, data protection requirements under Australian privacy laws, and intellectual property rights. The agreement is particularly relevant in today's complex media landscape where campaigns often span multiple channels and require careful coordination of resources and stakeholders.
Suggested Sections

1. Parties: Identification of the client and media agency, including full legal names and addresses

2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of the engagement

3. Definitions: Key terms used throughout the agreement, including industry-specific terminology

4. Appointment and Scope of Services: Formal appointment of the agency and detailed description of core services to be provided

5. Agency Obligations: Key responsibilities and commitments of the media agency

6. Client Obligations: Key responsibilities and commitments of the client, including provision of materials and approvals

7. Fees and Payment Terms: Fee structure, payment schedule, and billing procedures

8. Performance Standards: Required service levels, KPIs, and quality standards

9. Intellectual Property Rights: Ownership and licensing of creative works, content, and campaign materials

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Liability and Indemnification: Risk allocation between parties and insurance requirements

13. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution

Optional Sections

1. Digital Marketing Services: Specific provisions for digital marketing campaigns and online advertising, used when digital services are a significant component

2. Data Protection and Privacy: Detailed data handling and privacy requirements, essential when dealing with personal data or targeted advertising

3. Social Media Management: Specific provisions for social media account management and content creation, included when social media services are part of the scope

4. Creative Services: Provisions for creative development and approval processes, included when the agency provides creative services

5. Media Buying Terms: Specific terms for media purchasing, including volume commitments and rebates, used for traditional media buying services

6. International Services: Additional provisions for cross-border services, included when campaigns span multiple jurisdictions

7. Staff and Personnel: Requirements for key personnel and team structure, included when specific staffing commitments are required

8. Compliance with Industry Codes: Specific compliance requirements with industry standards and codes, included for regulated industries

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of all services to be provided, including specific deliverables and exclusions

2. Schedule 2 - Fee Schedule: Detailed fee structure, including commission rates, hourly rates, and any special pricing arrangements

3. Schedule 3 - Service Level Agreement: Specific performance metrics, reporting requirements, and service standards

4. Schedule 4 - Approved Media Channels: List of approved media channels and platforms for advertising

5. Schedule 5 - Key Personnel: Details of key team members and their roles

6. Schedule 6 - Reporting Requirements: Templates and specifications for regular reporting and performance metrics

7. Schedule 7 - Brand Guidelines: Client's brand guidelines and requirements for creative work

8. Appendix A - Agency Rate Card: Standard agency rates for additional services

9. Appendix B - Approval Process: Workflow and timeframes for campaign approvals

10. Appendix C - Technical Requirements: Technical specifications for deliverables and platform requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Retail

Consumer Goods

Financial Services

Technology

Healthcare

Automotive

Entertainment

Travel and Tourism

Education

Professional Services

Telecommunications

Real Estate

Food and Beverage

Non-Profit Organizations

Relevant Teams

Legal

Marketing

Procurement

Finance

Compliance

Brand Management

Digital Marketing

Marketing Operations

Communications

Risk Management

Relevant Roles

Chief Marketing Officer

Marketing Director

Media Manager

Procurement Manager

Legal Counsel

Contract Manager

Marketing Operations Manager

Brand Manager

Digital Marketing Manager

Agency Account Director

Media Planning Director

Finance Director

Compliance Officer

Marketing Communications Manager

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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