Advertising Contract for Hong Kong

Advertising Contract Template for Hong Kong

This document is a comprehensive advertising contract template designed for use in Hong Kong, incorporating requirements under Hong Kong law including the Trade Descriptions Ordinance, Broadcasting Ordinance, and relevant advertising regulations. It establishes the legal framework for advertising services, covering key aspects such as service scope, approval processes, intellectual property rights, payment terms, and regulatory compliance. The contract is structured to address both traditional and digital advertising channels while ensuring adherence to Hong Kong's advertising standards and consumer protection requirements.

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What is a Advertising Contract?

The Advertising Contract serves as a crucial legal framework for businesses engaging in advertising activities within Hong Kong's jurisdiction. It is designed for use when establishing formal advertising relationships between advertisers and advertising service providers, whether for traditional media, digital platforms, or integrated marketing campaigns. The contract incorporates essential provisions required under Hong Kong law, including compliance with the Trade Descriptions Ordinance, Broadcasting Ordinance, and relevant advertising standards. It covers comprehensive terms for service delivery, content approval processes, intellectual property rights, payment structures, and performance metrics, while addressing specific regulatory requirements for different advertising channels. This document is particularly relevant for businesses looking to establish clear parameters for their advertising relationships while ensuring compliance with Hong Kong's regulatory framework.

What sections should be included in a Advertising Contract?

1. Parties: Identification of the advertising agency/media company and the client/advertiser

2. Background: Context of the advertising arrangement and brief description of the parties' business relationship

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

4. Scope of Services: Detailed description of advertising services to be provided, including types of advertising, channels, and territories

5. Approval Process: Process and timelines for client approval of advertising materials and campaigns

6. Fees and Payment Terms: Pricing structure, payment schedule, and any additional costs or expenses

7. Intellectual Property Rights: Ownership and licensing of creative materials, existing IP, and campaign outputs

8. Representations and Warranties: Promises regarding service quality, compliance with laws, and advertising standards

9. Confidentiality: Protection of confidential information exchanged during the advertising relationship

10. Term and Termination: Duration of the agreement and circumstances for ending the relationship

11. Liability and Indemnification: Allocation of risks and responsibilities between parties

12. General Provisions: Standard contractual terms including governing law, notices, and amendment procedures

What sections are optional to include in a Advertising Contract?

1. Media Buying Terms: Specific terms for media purchasing services, including booking procedures and cancellation policies

2. Digital Marketing Services: Additional terms for online advertising, including analytics and performance metrics

3. Content Creation Services: Terms specific to creation of advertising content and creative services

4. Social Media Management: Terms for social media advertising and account management services

5. Data Protection and Privacy: Additional terms when personal data processing is involved in advertising activities

6. Performance Metrics: Specific KPIs and performance standards for measuring campaign success

7. Third-Party Contractors: Terms governing use of subcontractors or third-party service providers

8. Crisis Management: Procedures for handling advertising-related controversies or public relations issues

What schedules should be included in a Advertising Contract?

1. Schedule 1 - Service Specifications: Detailed breakdown of advertising services, deliverables, and timelines

2. Schedule 2 - Fee Schedule: Comprehensive pricing details, rate cards, and payment milestones

3. Schedule 3 - Approval Guidelines: Specific requirements and procedures for content approval

4. Schedule 4 - Brand Guidelines: Client's branding requirements and style guidelines

5. Schedule 5 - Media Plan: Planned media purchases, channels, and campaign timeline

6. Schedule 6 - Performance Metrics: Detailed KPIs and measurement criteria for campaign success

7. Appendix A - Sample Deliverables: Examples or templates of expected advertising materials

8. Appendix B - Compliance Checklist: List of regulatory requirements and compliance standards for advertising content

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

Hong Kong

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Relevant Industries

Retail

Consumer Goods

Financial Services

Technology

Entertainment

Healthcare

Automotive

Real Estate

Hospitality

Education

Telecommunications

Professional Services

Fashion

Food and Beverage

Media and Communications

Relevant Teams

Legal

Marketing

Procurement

Compliance

Finance

Brand Management

Creative Services

Digital Marketing

Communications

Business Development

Operations

Risk Management

Relevant Roles

Marketing Director

Chief Marketing Officer

Advertising Manager

Brand Manager

Legal Counsel

Procurement Manager

Media Buyer

Marketing Communications Manager

Digital Marketing Manager

Creative Director

Account Director

Compliance Officer

Contract Manager

Business Development Manager

Chief Operating Officer

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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