Advertising Agency Retainer Agreement Template for Singapore

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Key Requirements PROMPT example:

Advertising Agency Retainer Agreement

"I need an Advertising Agency Retainer Agreement for my Singapore-based tech startup, focusing on digital marketing services with a monthly budget of SGD 15,000, including specific KPIs for social media performance and data protection clauses for handling customer information."

Document background

The Advertising Agency Retainer Agreement is essential for businesses in Singapore seeking to establish a continuous professional relationship with an advertising agency. This document is particularly relevant when a client requires regular advertising services over an extended period, rather than project-based engagements. It comprehensively addresses Singapore's regulatory requirements, including compliance with the Singapore Code of Advertising Practice (SCAP) and Personal Data Protection Act (PDPA). The agreement typically covers monthly retainer fees, service scope, performance metrics, intellectual property rights, and termination conditions, providing a stable framework for long-term advertising partnerships.

Suggested Sections

1. Parties: Identification and details of the Agency and Client

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

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

5. Term and Renewal: Duration of the agreement and renewal terms

6. Fees and Payment Terms: Retainer fee structure, payment schedule, and additional costs

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

8. Confidentiality: Protection of confidential information

9. Termination: Conditions for ending the agreement

Optional Sections

1. Performance Metrics: KPIs and success metrics - used when specific performance targets are required

2. Data Protection: PDPA compliance obligations - used when handling personal data

3. Non-Compete: Restrictions on working with competitors - used when exclusivity is required

4. Insurance: Required insurance coverage - used for high-value or high-risk campaigns

5. Force Majeure: Provisions for unforeseen circumstances - used for long-term agreements

Suggested Schedules

1. Schedule 1: Scope of Services: Detailed breakdown of services and deliverables

2. Schedule 2: Fee Schedule: Detailed pricing structure and payment terms

3. Schedule 3: Service Level Agreement: Performance standards and response times

4. Schedule 4: Key Personnel: List of key team members and their roles

5. Appendix A: Compliance Requirements: Relevant advertising standards and regulations

6. Appendix B: Reporting Templates: Standard formats for performance 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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Retail
Financial Services
Technology
FMCG
Healthcare

Relevant Teams

Marketing
Legal
Procurement
Finance
Communications

Relevant Roles

Chief Marketing Officer
Marketing Director
Brand Manager
Procurement Manager
Legal Counsel

Industries

Contract Law (Chapter 2): Primary legislation governing formation and enforcement of contracts in Singapore, essential for the basic structure and enforceability of the retainer agreement

Companies Act (Chapter 50): Regulates business entities in Singapore, relevant for understanding the legal status and capabilities of contracting parties

Consumer Protection (Fair Trading) Act: Ensures fair trading practices and protects consumers from unfair practices in advertising and marketing

Personal Data Protection Act 2012 (PDPA): Governs collection, use, and disclosure of personal data in advertising campaigns and customer information handling

Singapore Code of Advertising Practice (SCAP): Industry-specific guidelines setting standards for advertising content and practices in Singapore

ASAS Guidelines: Detailed guidelines issued by the Advertising Standards Authority of Singapore for advertising compliance

Internet Advertising Guidelines: Specific regulations governing online advertising and digital marketing practices

Broadcasting Act: Regulates broadcast advertising and media content distribution

Electronic Transactions Act: Governs electronic communications and digital transactions in advertising services

Spam Control Act: Regulates unsolicited electronic messages and marketing communications

Trade Marks Act: Governs the use and protection of trademarks in advertising campaigns

Patents Act: Protects innovative advertising technologies and methods

Competition Act (Chapter 50B): Ensures fair competition and prevents anti-competitive practices in the advertising industry

Employment Act: Regulates employment relationships and working conditions if staff are involved in the agreement

MAS Guidelines: Specific regulations for financial services advertising issued by the Monetary Authority of Singapore

Healthcare Advertising Guidelines: Specific regulations governing the advertising of healthcare products and services

Food Advertising Regulations: Guidelines specific to food and beverage advertising in Singapore

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Authors

Alex Denne

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