Agency Of Record Agreement for Canada

Agency Of Record Agreement Template for Canada

A Canadian Agency of Record Agreement is a comprehensive legal document that establishes and governs the formal relationship between a company and its designated marketing, advertising, or media agency. This agreement, governed by Canadian federal and provincial laws, outlines the scope of services, responsibilities, compensation structure, and terms of engagement. It includes provisions for compliance with Canadian advertising standards, privacy laws, and competition regulations, while addressing intellectual property rights, confidentiality, and performance metrics. The document serves as the primary framework for managing the agency relationship and ensuring all activities align with Canadian legal requirements and industry best practices.

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What is a Agency Of Record Agreement?

The Agency of Record Agreement is a crucial document used when a company wishes to establish a formal, ongoing relationship with a marketing, advertising, or media agency in Canada. This agreement is particularly important for businesses seeking to consolidate their marketing and advertising efforts through a single primary agency partner. The document comprehensively covers all aspects of the agency-client relationship, including service scope, approval processes, compensation, intellectual property rights, and compliance with Canadian advertising and privacy laws. It's designed to protect both parties' interests while ensuring clear communication channels and performance expectations. The agreement typically includes detailed schedules for services, fees, and operational procedures, making it essential for any significant agency engagement in the Canadian market.

What sections should be included in a Agency Of Record Agreement?

1. Parties: Identification of the client and agency, including full legal names and addresses

2. Background: Context of the agreement and brief description of both parties' businesses

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope: Formal appointment of agency and detailed scope of services

5. Agency Services and Responsibilities: Comprehensive outline of services to be provided and agency obligations

6. Client Responsibilities: Client's obligations including approvals, information provision, and cooperation

7. Compensation and Billing: Fee structure, payment terms, and billing procedures

8. Intellectual Property Rights: Ownership and licensing of creative works and materials

9. Confidentiality: Protection of confidential information and trade secrets

10. Compliance with Laws: Obligations to comply with advertising, privacy, and other relevant laws

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

12. Representations and Warranties: Standard warranties regarding services and capabilities

13. Indemnification: Mutual indemnification provisions for various risks

14. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

What sections are optional to include in a Agency Of Record Agreement?

1. Media Buying Services: Detailed terms for media planning and buying when agency handles media purchases

2. Digital Marketing Services: Specific provisions for digital marketing and online advertising services

3. Performance Metrics: KPIs and performance measurement criteria when specific targets are required

4. Client Approval Process: Detailed approval procedures for complex organizational structures

5. Exclusivity: Terms regarding exclusive agency relationship when applicable

6. International Services: Additional terms for cross-border services and international campaigns

7. Data Protection: Enhanced privacy and data protection terms for handling sensitive data

8. Subcontractor Terms: Terms governing use of subcontractors when permitted

What schedules should be included in a Agency Of Record Agreement?

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

2. Schedule B - Fee Schedule: Comprehensive fee structure including hourly rates and project fees

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

4. Schedule D - Service Level Agreement: Specific service levels and response times

5. Schedule E - Approved Subcontractors: List of pre-approved subcontractors if applicable

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

7. Appendix 1 - Approval Process: Detailed workflow for approvals and revisions

8. Appendix 2 - Reporting Requirements: Templates and timing for regular 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

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Retail

Consumer Goods

Financial Services

Technology

Healthcare

Automotive

Entertainment

Telecommunications

Real Estate

Education

Professional Services

Non-profit

Manufacturing

Travel and Tourism

Food and Beverage

Relevant Teams

Legal

Marketing

Procurement

Finance

Brand Management

Corporate Communications

Digital Marketing

Media Relations

Creative Services

Compliance

Operations

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Procurement Manager

Legal Counsel

Marketing Manager

Agency Relations Manager

Communications Director

Digital Marketing Manager

Media Director

Finance Director

Contract Manager

Business Development Manager

Account Director

Creative Director

Industries
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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