Advertising Sales Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Advertising Sales Agreement

"I need an Advertising Sales Agreement for a luxury retail brand placing advertisements in premium print magazines in Hong Kong, with quarterly payment terms and minimum placement guarantees for the year 2025."

Document background
The Advertising Sales Agreement is a fundamental commercial contract used to establish and govern the relationship between parties involved in the buying and selling of advertising space or time. This document is essential when a business (advertiser) wishes to secure advertising opportunities through a media company, publisher, or platform provider in Hong Kong. The agreement covers crucial elements including pricing structures, booking procedures, content requirements, performance metrics, and compliance with Hong Kong's advertising regulations and standards. It is particularly important in today's multi-channel advertising environment, where campaigns may span traditional and digital media. The document ensures clarity on rights, responsibilities, and deliverables while providing necessary legal protections for all parties involved. It incorporates specific provisions to comply with Hong Kong's legal framework, including the Trade Descriptions Ordinance, Broadcasting Ordinance, and Personal Data (Privacy) Ordinance where applicable.
Suggested Sections

1. Parties: Identifies and provides full details of the contracting parties - typically the advertiser and the media company/publisher

2. Background: Sets out the context of the agreement and brief description of the parties' business relationship

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Scope of Services: Details the advertising services to be provided, including types of advertising, platforms, and placement

5. Booking and Placement: Procedures for requesting, booking, and confirming advertising placements

6. Advertising Content and Standards: Requirements for advertising content, compliance with laws and standards, and approval processes

7. Pricing and Payment Terms: Advertising rates, payment schedule, and invoicing procedures

8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

9. Warranties and Representations: Promises made by each party regarding their capacity, rights, and advertising content

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

11. Confidentiality: Protection of confidential information exchanged during the relationship

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

13. General Provisions: Standard contractual terms including governing law, notices, and amendment procedures

Optional Sections

1. Performance Metrics and Reporting: Include when specific performance targets or reporting requirements are needed, such as minimum impressions or click-through rates

2. Agency Arrangements: Include when advertising is booked through an agency, defining agency responsibilities and commission structures

3. Digital Advertising Specific Terms: Include for digital advertising campaigns, covering tracking, targeting, and platform-specific requirements

4. Creative Services: Include when the media company also provides creative or production services

5. Exclusivity: Include when either party requires exclusive rights or category protection

6. Data Protection and Privacy: Include when personal data processing or targeted advertising is involved

7. Force Majeure: Include when specific provisions for unforeseen circumstances affecting advertising delivery are needed

8. Make-Good Provisions: Include when specific remedies for under-delivery or performance issues need to be detailed

Suggested Schedules

1. Schedule 1: Rate Card: Detailed pricing for different advertising formats, positions, and time slots

2. Schedule 2: Technical Specifications: Technical requirements for advertising materials across different platforms

3. Schedule 3: Service Level Agreement: Performance standards, metrics, and reporting requirements

4. Schedule 4: Content Guidelines: Specific content standards and requirements for advertisements

5. Schedule 5: Insertion Order Template: Standard form for booking individual advertising placements

6. Appendix A: Contact Details: Key contacts and escalation procedures for both parties

7. Appendix B: Delivery Schedule: Timeline for delivery of advertising materials and placement dates

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

Media and Entertainment

Advertising and Marketing

Digital Technology

Retail

Financial Services

Consumer Goods

Telecommunications

Hospitality and Tourism

Healthcare

Automotive

Real Estate

E-commerce

Relevant Teams

Legal

Marketing

Sales

Commercial

Compliance

Finance

Digital Operations

Media Planning

Creative Services

Business Development

Revenue Operations

Account Management

Relevant Roles

Chief Marketing Officer

Media Director

Advertising Manager

Commercial Director

Sales Director

Legal Counsel

Contract Manager

Media Buyer

Account Director

Digital Marketing Manager

Compliance Officer

Business Development Manager

Marketing Manager

Agency Relations Manager

Revenue Operations 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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