The Advertising Agency Retainer Agreement is essential for businesses seeking to establish a formal, ongoing relationship with an advertising agency in Ireland. This document is typically used when a company requires regular, consistent advertising services rather than project-based work. It provides a structured framework for the relationship, detailing monthly retainer fees, service scope, and deliverables while ensuring compliance with Irish advertising regulations, data protection laws, and consumer protection requirements. The agreement is particularly relevant in today's digital age where businesses need continuous marketing support and must navigate complex regulatory requirements, including GDPR and Irish advertising standards. It protects both parties by clearly defining responsibilities, creative rights, approval processes, and performance expectations within the Irish legal framework.

1. Parties: Identification of the advertising agency and the client

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

3. Definitions: Key terms used throughout the agreement including Agency Services, Deliverables, Campaign, etc.

4. Appointment and Scope of Services: Formal appointment of the agency and detailed description of core services covered under the retainer

5. Term and Termination: Duration of the agreement, renewal terms, and termination provisions

6. Retainer Fee and Payment Terms: Monthly retainer amount, payment schedule, and billing procedures

7. Agency Obligations: Key responsibilities and commitments of the advertising agency

8. Client Obligations: Client's responsibilities including providing briefs, approvals, and materials

9. Approval Process: Procedures for submitting, reviewing, and approving work

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

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: GDPR compliance and data handling procedures

13. Warranties and Indemnities: Agency's warranties regarding services and mutual indemnification provisions

14. Limitation of Liability: Caps on liability and exclusions

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