Advertising Sales Contract Generator for United States

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Key Requirements PROMPT example:

Advertising Sales Contract

"I need an Advertising Sales Contract for a 12-month digital advertising campaign starting January 2025, where we'll be selling ad space on our news website to multiple Fortune 500 companies, with specific performance metrics and payment milestones."

Document background
The Advertising Sales Contract serves as the primary legal framework for managing advertising relationships in the United States. This document is essential when businesses seek to formalize advertising arrangements, whether for traditional media, digital platforms, or integrated campaigns. The contract addresses crucial aspects such as placement specifications, rate structures, performance guarantees, and compliance with federal and state advertising regulations. It's designed to protect both the publisher's and advertiser's interests while ensuring transparency in advertising practices and maintaining compliance with FTC guidelines and other relevant U.S. advertising laws.
Suggested Sections

1. Parties: Identifies the advertising agency/publisher and the advertiser/client

2. Background: Context of the advertising arrangement and basic commercial intent

3. Definitions: Key terms used throughout the agreement including Advertising Materials, Media, Campaign Period, etc.

4. Scope of Services: Details of advertising services, platforms, and deliverables

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

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

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

8. Representations and Warranties: Legal assurances from both parties

9. Governing Law: Applicable jurisdiction and dispute resolution

Optional Sections

1. Performance Metrics: Specific KPIs and measurement criteria for digital advertising or performance-based campaigns

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

3. Content Approval Process: Review and approval procedures for campaigns requiring client approval

4. Exclusivity: Restrictions on working with competitors for exclusive arrangements

5. Force Majeure: Provisions for unforeseen circumstances in long-term or high-value contracts

Suggested Schedules

1. Rate Card: Detailed pricing structure and rates for advertising services

2. Campaign Schedule: Timing and placement details for advertisements

3. Creative Specifications: Technical requirements and specifications for advertising materials

4. Performance Metrics Schedule: Detailed KPIs and measurement methodologies for campaign performance

5. Client Brand Guidelines: Brand requirements, restrictions, and usage guidelines

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
Industries

Federal Trade Commission Act: Primary federal law governing advertising practices and consumer protection, prohibiting unfair or deceptive acts or practices in commerce

Lanham Act: Federal trademark law that also governs false advertising and unfair competition in commercial advertising

CAN-SPAM Act: Regulates commercial email practices and digital advertising requirements, including opt-out provisions and sender identification

Children's Online Privacy Protection Act (COPPA): Regulates the collection and use of personal information from children under 13 in online advertising

Americans with Disabilities Act (ADA): Requires advertising content to be accessible to individuals with disabilities

FTC Guidelines on Endorsements and Testimonials: Specific rules governing the use of endorsements and testimonials in advertising, requiring disclosure of material connections

FTC Guidelines on Native Advertising: Requirements for clearly distinguishing advertising content from editorial content in native advertising formats

FCC Regulations: Rules governing broadcast advertising, including requirements for disclosures and restrictions on certain types of content

FDA Advertising Rules: Specific requirements for advertising pharmaceutical products, medical devices, and food products

SEC/FINRA Regulations: Rules governing advertising of financial products and services, including specific disclosure requirements

California Consumer Privacy Act (CCPA): State law affecting digital advertising practices and consumer data privacy in California

Digital Millennium Copyright Act (DMCA): Federal law protecting digital content copyright, affecting use of copyrighted materials in advertising

Statute of Frauds: State laws requiring certain contracts to be in writing to be enforceable

Copyright Act: Federal law protecting original works of authorship, including advertising content and creative materials

Right of Publicity Laws: State laws governing the commercial use of an individual's name, image, or likeness in advertising

Fair Credit Reporting Act: Federal law regulating the collection and use of consumer credit information in advertising

Equal Credit Opportunity Act: Prohibits discrimination in credit advertising based on protected characteristics

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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