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Advertising Sales Agreement

Advertising Sales Agreement Template for Germany

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Key Requirements PROMPT example:

Advertising Sales Agreement

"I need an Advertising Sales Agreement for a digital marketing campaign running from March 2025, focusing on social media and display advertising, with performance-based pricing and GDPR compliance requirements for the German market."

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Document background
The Advertising Sales Agreement serves as the primary contractual framework for businesses engaging in advertising services within the German market. This document is essential when establishing a formal relationship between advertising service providers and their clients, whether for traditional media, digital platforms, or multi-channel campaigns. The agreement addresses crucial aspects such as service scope, pricing, performance metrics, and regulatory compliance, while incorporating specific requirements under German law. It is particularly important for ensuring compliance with German advertising regulations, data protection laws, and competition rules. The document provides a robust framework for managing advertising relationships while protecting both parties' interests and ensuring legal certainty under German jurisdiction.
Suggested Sections

1. Parties: Identification and details of the advertising service provider and the client

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement

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

5. Rights and Obligations: Key responsibilities and rights of both parties

6. Payment Terms: Pricing, payment schedule, and invoicing requirements

7. Performance Metrics: KPIs, reporting requirements, and performance evaluation criteria

8. Compliance with Laws: Obligations regarding advertising regulations and standards

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

10. Confidentiality: Protection of confidential information and trade secrets

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

12. Liability and Indemnification: Allocation of risks and responsibilities between parties

13. Force Majeure: Provisions for unforeseen circumstances affecting performance

14. General Provisions: Standard boilerplate clauses including governing law and jurisdiction

Optional Sections

1. Digital Advertising Provisions: Additional terms for online advertising, including data protection and tracking requirements

2. Agency Appointments: Specific provisions when working with advertising agencies as intermediaries

3. Creative Services: Additional terms for creation and approval of advertising content

4. Media Buying Terms: Specific provisions for media purchasing and placement services

5. Exclusivity Provisions: Terms regarding exclusive advertising rights or territory restrictions

6. Competition Restrictions: Non-compete and industry exclusivity provisions

7. Success-Based Compensation: Additional terms for performance-based payment structures

Suggested Schedules

1. Schedule 1 - Service Specifications: Detailed description of advertising services, formats, and technical requirements

2. Schedule 2 - Rate Card: Pricing details and rate structures for different advertising services

3. Schedule 3 - Performance Metrics and KPIs: Detailed measurement criteria and reporting requirements

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

5. Schedule 5 - Content Guidelines: Specific requirements for advertising content and brand guidelines

6. Schedule 6 - Data Processing Agreement: GDPR-compliant data processing terms for digital advertising

7. Schedule 7 - Service Level Agreement: Performance standards and response time 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Advertising Materials
Advertising Services
Affiliate
Applicable Laws
Approved Media
Business Day
Campaign
Campaign Period
Confidential Information
Client
Deliverables
Effective Date
Fees
Force Majeure Event
Intellectual Property Rights
Key Performance Indicators
Media Channels
Media Plan
Performance Metrics
Personal Data
Publication Date
Rate Card
Service Provider
Service Level Requirements
Specifications
Target Audience
Term
Territory
Third Party Materials
Working Hours
Digital Platforms
Advertising Inventory
Marketing Materials
Brand Guidelines
Placement
Insertion Order
Creative Services
Media Buy
Performance Report
Measurement Tools
Click-Through Rate
Impression
Reach
Frequency
Engagement Rate
Conversion Rate
Agency Commission
Clauses
Services
Payment Terms
Intellectual Property Rights
Confidentiality
Data Protection
Performance Standards
Service Levels
Regulatory Compliance
Warranties and Representations
Liability
Indemnification
Force Majeure
Term and Termination
Non-Competition
Exclusivity
Content Standards
Approval Process
Media Placement
Campaign Management
Reporting Requirements
Audit Rights
Insurance
Assignment
Subcontracting
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Agency Relationship
Creative Rights
Media Rights
Performance Metrics
Brand Protection
Client Obligations
Service Provider Obligations
Cancellation Rights
Emergency Changes
Rate Adjustments
Relevant Industries

Media and Entertainment

Retail

Technology

Consumer Goods

Financial Services

Telecommunications

Automotive

Healthcare

Travel and Tourism

E-commerce

Professional Services

Real Estate

Relevant Teams

Legal

Marketing

Sales

Compliance

Finance

Digital Marketing

Brand Management

Commercial

Business Development

Operations

Relevant Roles

Chief Marketing Officer

Marketing Director

Advertising Manager

Media Buyer

Account Executive

Sales Director

Legal Counsel

Compliance Officer

Digital Marketing Manager

Brand Manager

Commercial Director

Business Development Manager

Contract Manager

Industries
Bürgerliches Gesetzbuch (BGB): German Civil Code - Provides the fundamental framework for contract formation, performance, and remedies in German law
Handelsgesetzbuch (HGB): German Commercial Code - Governs commercial transactions and relationships between businesses
Gesetz gegen den unlauteren Wettbewerb (UWG): Act Against Unfair Competition - Regulates unfair commercial practices and advertising standards
Datenschutz-Grundverordnung (DSGVO/GDPR): General Data Protection Regulation - Crucial for digital advertising and handling of personal data in advertising campaigns
Telemediengesetz (TMG): Telemedia Act - Regulates electronic information and communication services, including online advertising
Rundfunkstaatsvertrag (RStV): Interstate Broadcasting Treaty - Contains provisions on advertising in broadcast media
Gesetz gegen Wettbewerbsbeschränkungen (GWB): Act Against Restraints of Competition - Relevant for market competition and antitrust considerations in advertising agreements
Preisangabenverordnung (PAngV): Price Indication Regulation - Governs how prices must be displayed in advertising
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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