Advertising Agency Agreement Template for New Zealand

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Key Requirements PROMPT example:

Advertising Agency Agreement

"I need an Advertising Agency Agreement for my tech startup engaging an agency to handle our digital marketing campaigns starting March 2025, with particular focus on social media advertising and performance metrics."

Document background
The Advertising Agency Agreement is a crucial legal document used when a business engages a professional advertising agency to manage its advertising and promotional activities. This agreement, designed for use in New Zealand, establishes the framework for the agency-client relationship, detailing services, deliverables, approval processes, and payment terms. It ensures compliance with New Zealand's advertising regulations, consumer protection laws, and industry standards, while protecting both parties' interests. The document is particularly important in today's complex advertising landscape, covering both traditional and digital advertising channels, intellectual property rights, data protection, and performance metrics. It's essential for businesses seeking professional advertising services and agencies providing these services, offering clear guidelines for collaboration and risk management.
Suggested Sections

1. Parties: Identifies and provides full legal details of the advertising agency and the client

2. Background: Sets out the context of the agreement, including the agency's expertise and the client's desire to engage their services

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope of Services: Establishes the agency's appointment and outlines the core advertising services to be provided

5. Agency Obligations: Details the agency's key responsibilities and service standards

6. Client Obligations: Specifies the client's responsibilities, including providing materials and approvals

7. Approval Process: Outlines the procedure for submitting, reviewing, and approving advertising materials

8. Intellectual Property Rights: Addresses ownership and licensing of creative works, existing IP, and final deliverables

9. Fees and Payment: Details the fee structure, payment terms, and expenses

10. Confidentiality: Protects confidential information of both parties

11. Term and Termination: Specifies the agreement duration and circumstances for termination

12. Liability and Indemnity: Sets out liability limitations and indemnification obligations

13. General Provisions: Includes standard clauses such as notices, assignment, and governing law

Optional Sections

1. Digital Marketing Services: Detailed terms for digital marketing services, including social media management and online advertising

2. Media Buying Services: Specific terms for media planning, buying, and placement services

3. Performance Metrics: Establishes KPIs and performance measurement criteria

4. International Services: Additional terms for advertising services in multiple jurisdictions

5. Data Protection: Detailed provisions for handling personal data in advertising campaigns

6. Sub-contractors: Terms governing the use and management of sub-contractors

7. Non-Compete: Restrictions on working with competing clients

8. Crisis Management: Procedures for handling advertising-related crises or controversies

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of all advertising services to be provided

2. Schedule 2 - Fee Structure: Comprehensive fee schedule, including hourly rates, project fees, and commission structures

3. Schedule 3 - Key Personnel: List of key agency team members assigned to the client's account

4. Schedule 4 - Service Level Agreement: Specific performance standards and response times

5. Schedule 5 - Brand Guidelines: Client's branding requirements and guidelines

6. Schedule 6 - Approval Workflow: Detailed workflow for creative approval processes

7. Appendix A - Media Planning Template: Standard template for media plans and schedules

8. Appendix B - Reporting Templates: Templates for regular performance and campaign reporting

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

Clauses
Relevant Industries

Retail

Consumer Goods

Technology

Financial Services

Healthcare

Entertainment

Hospitality

Automotive

Real Estate

Education

Professional Services

Telecommunications

Food and Beverage

Non-profit Organizations

Sports and Recreation

Relevant Teams

Legal

Marketing

Procurement

Brand Management

Communications

Digital Marketing

Business Development

Finance

Compliance

Creative Services

Media Planning

Account Management

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Advertising Manager

Media Director

Creative Director

Account Executive

Legal Counsel

Procurement Manager

Marketing Manager

Communications Director

Digital Marketing Manager

Business Development Manager

Contract Manager

Agency Relations Manager

Industries
Fair Trading Act 1986: Governs trade practices and prohibits misleading and deceptive conduct in advertising. Essential for ensuring all advertising claims and representations are truthful and not misleading.
Consumer Guarantees Act 1993: Provides statutory guarantees for services, which would apply to the advertising agency's services provided to clients.
Privacy Act 2020: Regulates how personal information is collected, used, and disclosed in advertising campaigns, particularly important for targeted advertising and data collection.
Copyright Act 1994: Protects original works used in advertising, including images, text, music, and videos. Critical for managing intellectual property rights in advertising materials.
Contract and Commercial Law Act 2017: Provides the general framework for contract formation and enforcement in New Zealand, including electronic transactions.
Advertising Standards Authority (ASA) Codes: Although not legislation, these are essential self-regulatory codes that all advertising must comply with in New Zealand, including the Advertising Standards Code and specific industry codes.
Commerce Act 1986: Promotes competition in markets and prohibits restrictive trade practices, relevant for agency-client relationships and market competition.
Unsolicited Electronic Messages Act 2007: Regulates commercial electronic messages and spam, important for digital advertising campaigns.
Trade Marks Act 2002: Protects registered trademarks and their use in advertising materials, crucial for brand protection and usage rights.
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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