Advertising Sales Agreement Template for England and Wales

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Key Requirements PROMPT example:

Advertising Sales Agreement

"I need an Advertising Sales Agreement for my digital media company to sell advertising space on our website and mobile app to a large retail chain, with specific performance metrics and data protection clauses, starting from March 2025."

Document background
The Advertising Sales Agreement is essential for businesses engaging in advertising transactions within England and Wales. This contract type formalizes the relationship between advertising sellers and buyers, establishing clear parameters for advertising placement, pricing, and performance measurement. It incorporates requirements from UK advertising regulations, data protection laws, and industry-specific compliance needs. The agreement is particularly crucial in today's complex media landscape where advertising spans multiple platforms and must comply with various regulatory frameworks.
Suggested Sections

1. Parties: Identifies and defines the contracting parties - typically the advertising seller and buyer

2. Background: Sets out the 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, including types, placement, and duration

5. Payment Terms: Specifies fees, payment schedule, and billing procedures

6. Content Requirements: Standards for advertising content and approval processes

7. Performance Metrics: Defines how success will be measured and reported

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

9. Intellectual Property: Rights and ownership of advertising materials

10. Confidentiality: Protection of confidential information

Optional Sections

1. Data Protection: Additional provisions required when personal data is processed as part of advertising services

2. Industry-Specific Compliance: Additional requirements for regulated industries such as financial services, gambling, or healthcare advertising

3. International Provisions: Specific terms and conditions for cross-border advertising activities

4. Agency Appointments: Terms governing the involvement of third-party advertising agencies

Suggested Schedules

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

2. Technical Specifications: Format requirements and technical standards for advertising materials

3. Performance Metrics Schedule: Detailed KPIs and measurement criteria for advertising campaigns

4. Service Level Agreement: Specific performance standards, service levels and remedies

5. Campaign Schedule: Timing and placement details for specific advertising campaigns

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
Relevant Teams
Relevant Roles
Industries

Consumer Protection from Unfair Trading Regulations 2008: Primary legislation protecting consumers from unfair commercial practices, including misleading actions or omissions in advertising

Business Protection from Misleading Marketing Regulations 2008: Legislation protecting businesses from misleading advertising and setting comparative advertising standards

Consumer Rights Act 2015: Key legislation governing consumer rights and business obligations in the UK, including transparency in terms and conditions

Data Protection Act 2018 and UK GDPR: Legislation governing the processing and protection of personal data in advertising and marketing activities

Contract Rights of Third Parties Act 1999: Legislation governing how third parties may enforce terms of a contract, relevant for advertising partnerships

Unfair Contract Terms Act 1977: Controls the use of unfair terms in contracts, particularly regarding limitation of liability

CAP Code: UK Code of Non-broadcast Advertising and Direct & Promotional Marketing - self-regulatory rules for non-broadcast advertisements

BCAP Code: UK Code of Broadcast Advertising - rules governing broadcast advertisements on radio and television

Communications Act 2003: Framework for broadcasting and telecommunications regulation, including advertising standards

ASA Regulations: Advertising Standards Authority rules and guidelines for ensuring advertisements are legal, decent, honest and truthful

Financial Services and Markets Act 2000: Regulations specific to financial services advertising and promotions

Gambling Act 2005: Legislation governing gambling-related advertising and promotions

MHRA Rules: Medicines and Healthcare products Regulatory Agency rules for healthcare and medical advertising

Electronic Commerce Regulations 2002: Rules governing electronic commerce and online advertising activities

Privacy and Electronic Communications Regulations 2003: Specific rules for electronic communications, including digital advertising and marketing

Competition Act 1998: Legislation preventing anti-competitive practices in advertising and business arrangements

Enterprise Act 2002: Framework for competition law and consumer protection, including provisions affecting advertising practices

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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