Digital Advertising Agreement Template for Singapore

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Key Requirements PROMPT example:

Digital Advertising Agreement

"I need a Digital Advertising Agreement for my e-commerce startup to engage a digital marketing agency for a six-month social media campaign starting January 2025, with specific focus on data privacy compliance and performance-based payment terms."

Document background
The Digital Advertising Agreement is essential for businesses engaging in digital advertising services in Singapore. It provides a legal framework that addresses the complexities of modern digital advertising while ensuring compliance with Singapore's regulatory requirements, including the PDPA and advertising standards. This document is particularly important given the increasing focus on data protection and the need for clear performance metrics in digital advertising. It covers crucial aspects such as campaign specifications, data handling procedures, intellectual property rights, and service level commitments, making it suitable for both short-term campaigns and long-term advertising relationships.
Suggested Sections

1. Parties: Identification of the advertising service provider and client, including registered addresses and company registration numbers

2. Background: Context of the agreement and brief description of the digital advertising services to be provided

3. Definitions: Key terms used throughout the agreement, including technical advertising terms, metrics, and platform-specific terminology

4. Scope of Services: Detailed description of digital advertising services, platforms, and deliverables

5. Payment Terms: Fees, payment schedule, and billing procedures

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

7. Data Protection and Privacy: PDPA compliance measures and data handling procedures

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

Optional Sections

1. Service Level Agreement: Performance metrics and standards for larger campaigns or ongoing services

2. Exclusivity: Restrictions on working with competitors when client requires exclusive service arrangement

3. Cross-Border Provisions: Requirements for international advertising campaigns when extending beyond Singapore

4. Agency Commission: Commission structure and calculation method when working through advertising agencies

Suggested Schedules

1. Campaign Specifications: Detailed campaign requirements, targets, and timelines

2. Rate Card: Pricing details for different advertising services and platforms

3. Performance Metrics: KPIs and measurement methodology

4. Technical Requirements: Platform-specific technical specifications and requirements

5. Data Processing Agreement: Detailed procedures for handling personal data in compliance with PDPA

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
Industries

Electronic Transactions Act: Primary legislation governing electronic transactions and digital contracts in Singapore, ensuring legal recognition and validity of electronic records and signatures

Personal Data Protection Act: Key legislation governing the collection, use, disclosure and care of personal data in Singapore, crucial for digital advertising data handling

Copyright Act: Protects intellectual property rights in digital content and advertising materials

Trade Marks Act: Governs the protection of trademarks and brand elements used in digital advertising

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

Spam Control Act: Regulates unsolicited commercial electronic messages and spam in digital advertising

Singapore Code of Advertising Practice: Industry guidelines setting standards for advertising practices, including digital advertising

ASAS Guidelines on Interactive Marketing: Specific guidelines by Advertising Standards Authority of Singapore for social media and interactive marketing communications

MAS Technology Risk Management Guidelines: Guidelines for financial services sector regarding technology risk and internet banking, relevant for fintech advertising

PDPC Advisory Guidelines: Detailed guidelines on PDPA compliance specifically for digital advertising and selected topics

Competition Act: Regulates competition law aspects including advertising restrictions and exclusivity arrangements

Broadcasting Act: Governs broadcasting services and content, including certain forms of digital advertising

Internet Code of Practice: Guidelines for internet content providers and advertisers operating in Singapore

IMDA Guidelines: Regulatory framework by Infocomm Media Development Authority for digital media and communications

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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