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Advertising Sales Contract

Advertising Sales Contract Template for Germany

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Key Requirements PROMPT example:

Advertising Sales Contract

"I need an Advertising Sales Contract for a digital marketing campaign between our tech startup and a major online advertising network, starting January 2025, with specific provisions for performance metrics and data protection compliance under German law."

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Document background
The Advertising Sales Contract serves as a foundational document for establishing commercial advertising relationships in the German market. It is specifically designed for situations where advertising services are being sold, whether through direct media companies, advertising agencies, or digital platforms. This contract type is essential for businesses operating under German jurisdiction, incorporating necessary compliance elements from the German Civil Code (BGB), the Act Against Unfair Competition (UWG), and data protection regulations (GDPR/DSGVO). The document typically includes detailed specifications about advertising services, delivery schedules, pricing structures, and performance metrics, while ensuring adherence to German advertising standards and media laws. It's particularly relevant for both traditional and digital advertising arrangements, providing a legally sound framework for modern advertising transactions.
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: Key terms used throughout the contract, including advertising-specific terminology

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

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

6. Rights and Obligations: Specific responsibilities of both parties

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

8. Warranties and Representations: Guarantees regarding service quality and compliance with advertising laws

9. Term and Termination: Duration of the contract and conditions for termination

10. Confidentiality: Protection of business secrets and confidential information

11. Data Protection: GDPR compliance and data handling procedures

12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

Optional Sections

1. Digital Advertising Provisions: Specific terms for online advertising campaigns, including tracking and targeting

2. International Advertising: Additional provisions for cross-border advertising activities

3. Performance Metrics: Specific KPIs and measurement criteria for advertising effectiveness

4. Agency Commission: Terms related to agency fees and commission structures

5. Force Majeure: Provisions for unforeseen circumstances affecting advertising delivery

6. Compliance with Industry Standards: Additional compliance requirements for specific industries

7. Subcontractor Rights: Terms governing the use of third-party service providers

Suggested Schedules

1. Schedule A - Advertising Specifications: Detailed technical requirements and specifications for advertisements

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

3. Schedule C - Campaign Timeline: Delivery schedule and important milestones

4. Schedule D - Material Requirements: Technical specifications for advertising materials

5. Schedule E - Performance Metrics: Detailed KPIs and measurement methodologies

6. Appendix 1 - Creative Guidelines: Standards and requirements for advertising content

7. Appendix 2 - Data Processing Agreement: Detailed GDPR-compliant data processing terms

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
Advertising Materials
Advertising Services
Advertising Specifications
Agency Fee
Applicable Laws
Approved Media
Business Day
Campaign
Campaign Period
Confidential Information
Creative Content
Data Protection Laws
Deliverables
Digital Advertising
Effective Date
Force Majeure Event
Intellectual Property Rights
Media Buy
Media Plan
Performance Metrics
Personal Data
Placement
Publication Date
Rate Card
Service Level Agreement
Specifications
Target Audience
Term
Territory
Third Party Materials
Working Hours
Clauses
Parties and Recitals
Definitions
Services Scope
Service Delivery
Payment Terms
Intellectual Property Rights
Confidentiality
Data Protection
Warranties and Representations
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment and Subcontracting
Compliance with Laws
Advertising Standards
Content Requirements
Performance Metrics
Reporting and Audit Rights
Agency Obligations
Client Obligations
Creative Approval
Media Placement
Campaign Management
Dispute Resolution
Governing Law
Notices
Amendment
Entire Agreement
Severability
Relevant Industries

Media and Entertainment

Advertising and Marketing

Retail

Consumer Goods

Technology

Financial Services

Automotive

Tourism and Hospitality

Telecommunications

E-commerce

Professional Services

Healthcare

Relevant Teams

Legal

Marketing

Sales

Procurement

Compliance

Finance

Digital Marketing

Brand Management

Business Development

Commercial Operations

Relevant Roles

Chief Marketing Officer

Marketing Director

Advertising Manager

Media Buyer

Sales Director

Business Development Manager

Legal Counsel

Compliance Officer

Contract Manager

Account Executive

Digital Marketing Manager

Brand Manager

Media Planning Director

Commercial Director

Procurement Manager

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Primary source of civil law in Germany, governing contract formation, validity, terms, and general obligations between parties
Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb - UWG): Regulates unfair commercial practices and advertising standards, including misleading advertising and comparative advertising
German Telemedia Act (Telemediengesetz - TMG): Governs electronic commerce and digital advertising, including requirements for online advertising and electronic business transactions
General Data Protection Regulation (GDPR/DSGVO): Regulates the processing of personal data, including data collection and usage for advertising purposes
State Media Laws (Landesmediengesetze): Regional regulations governing media and advertising in specific German states
Price Indication Regulation (Preisangabenverordnung - PAngV): Regulates how prices must be displayed and communicated in advertising
Interstate Broadcasting Treaty (Rundfunkstaatsvertrag - RStV): Governs broadcasting and media services, including regulations on advertising content and timing
German Commercial Code (Handelsgesetzbuch - HGB): Contains provisions relevant to commercial transactions and business-to-business contracts
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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