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Advertising Service Agreement
"I need an Advertising Service Agreement for my e-commerce company to engage a digital marketing agency in Malaysia for social media advertising and content creation services, with a focus on performance-based pricing and monthly reporting requirements."
1. Parties: Identification of the service provider (advertising agency) and the client, including full legal names and registration details
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement including 'Services', 'Deliverables', 'Campaign', 'Materials', etc.
4. Scope of Services: Detailed description of advertising services to be provided, including types of advertising, channels, and campaign specifications
5. Service Provider's Obligations: Key responsibilities of the advertising agency, including quality standards, timelines, and reporting requirements
6. Client's Obligations: Client responsibilities including providing necessary materials, approvals, and access to information
7. Approval Process: Procedures for submission, review, and approval of advertising materials and campaigns
8. Fees and Payment Terms: Pricing structure, payment schedule, and billing procedures
9. Intellectual Property Rights: Ownership and usage rights of creative materials, existing IP, and newly created content
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration of agreement, renewal terms, and termination conditions
12. Warranties and Indemnities: Guarantees regarding service quality and compliance with laws, including indemnification provisions
13. Limitation of Liability: Caps on liability and exclusions of certain types of damages
14. General Provisions: Standard clauses including notices, assignment, entire agreement, and governing law
1. Digital Advertising Specifications: Specific terms for digital advertising services, including online platforms and metrics - include when digital advertising is part of the scope
2. Social Media Management: Terms specific to social media advertising and management - include when social media services are provided
3. Performance Metrics: KPIs and performance measurement criteria - include when specific performance targets are part of the agreement
4. Agency of Record: Terms establishing the agency as the primary advertising service provider - include when exclusive relationship is intended
5. Data Protection and Privacy: Detailed terms for handling personal data in advertising - include when collecting or processing personal data
6. Third-Party Vendors: Terms governing relationships with subcontractors or third-party service providers - include when external vendors will be used
7. Crisis Management: Procedures for handling advertising-related crises or controversies - include for high-profile campaigns
1. Schedule A - Scope of Services: Detailed breakdown of specific advertising services, channels, and deliverables
2. Schedule B - Fee Structure: Comprehensive pricing details, rate cards, and payment milestones
3. Schedule C - Service Level Agreement: Specific performance standards, response times, and quality metrics
4. Schedule D - Brand Guidelines: Client's branding requirements and guidelines for advertising materials
5. Schedule E - Approval Matrix: Detailed workflow for approvals including authorized personnel and timeframes
6. Appendix 1 - Campaign Calendar: Planned advertising campaigns and timeline
7. Appendix 2 - Reporting Templates: Standard formats for campaign performance and financial reporting
Authors
Advertising Materials
Agency Fee
Approval
Brand Guidelines
Campaign
Client Materials
Commencement Date
Confidential Information
Creative Works
Deliverables
Digital Platform
Effective Date
Force Majeure Event
Intellectual Property Rights
Key Performance Indicators
Media Buy
Media Plan
Media Placement
Production Cost
Project Brief
Services
Service Level Requirements
Social Media Platform
Specification
Target Audience
Term
Territory
Third Party Costs
Working Day
Definitions
Scope of Services
Term
Fees and Payment
Service Provider Obligations
Client Obligations
Approvals
Intellectual Property Rights
Confidentiality
Data Protection
Warranties
Indemnification
Limitation of Liability
Force Majeure
Termination
Assignment
Subcontracting
Compliance with Laws
Media Rights
Content Standards
Performance Metrics
Reporting Requirements
Agency Authority
Client Materials
Third Party Costs
Publicity Rights
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Waiver
Amendment
Counterparts
Retail
Consumer Goods
Financial Services
Technology
Healthcare
Automotive
Real Estate
Food and Beverage
Entertainment
Tourism
Education
Telecommunications
Professional Services
Marketing
Legal
Finance
Procurement
Creative Services
Brand Management
Digital Marketing
Compliance
Business Development
Media Planning
Client Services
Marketing Director
Chief Marketing Officer
Advertising Manager
Brand Manager
Legal Counsel
Procurement Manager
Finance Director
Creative Director
Account Director
Media Planning Manager
Digital Marketing Manager
Compliance Officer
Contract Manager
Business Development Manager
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