The Advertising Service Agreement is essential for businesses engaging professional advertising services in Ireland. It is used when a company (the client) wishes to formally engage an advertising agency to provide advertising and marketing services. This contract type defines the commercial relationship between the parties, establishing clear deliverables, approval processes, and compliance requirements under Irish law. The agreement addresses crucial aspects such as GDPR compliance, intellectual property rights, and adherence to Irish advertising standards and regulations. It's particularly important given the complex regulatory environment for advertising in Ireland, including consumer protection laws and industry-specific requirements. The document typically includes detailed service specifications, fee structures, and performance metrics, making it suitable for both traditional and digital advertising campaigns.
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Key Requirements PROMPT example:
Advertising Service Agreement
"I need an Advertising Service Agreement for my tech startup to engage a digital marketing agency for social media and online advertising services, with a focus on data protection compliance and performance-based fees, starting March 2025."
1. Parties: Identification of the advertising agency and the client, including full legal names and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement, including 'Services', 'Deliverables', 'Campaign', etc.
4. Scope of Services: Detailed description of advertising services to be provided, including types of advertising, channels, and deliverables
5. Agency Obligations: Key responsibilities and commitments of the advertising agency, including quality standards and compliance with advertising regulations
6. Client Obligations: Client's responsibilities, including providing necessary materials, approvals, and cooperation
7. Approval Process: Process for submitting, reviewing, and approving advertising materials and campaigns
8. Fees and Payment: Pricing structure, payment terms, expenses, and invoicing procedures
9. Intellectual Property Rights: Ownership and licensing of creative works, existing IP, and campaign materials
10. Data Protection: GDPR compliance, data processing terms, and data security requirements
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of agreement, renewal terms, and termination rights
13. Limitation of Liability: Liability caps, exclusions, and indemnification provisions
14. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Digital Advertising Terms: Specific terms for digital advertising, including online tracking, cookies, and digital metrics - include when digital advertising is part of services
2. Social Media Provisions: Specific requirements for social media advertising and management - include when social media services are provided
3. Performance Metrics: KPIs and performance measurement criteria - include when specific performance targets are agreed
4. Agency Team: Key personnel commitments and replacement provisions - include when specific team members are crucial to service delivery
5. Competitive Restrictions: Non-compete and exclusivity provisions - include when exclusive arrangements are agreed
6. International Advertising: Terms for multi-jurisdiction advertising - include when campaigns span multiple countries
7. Third-Party Costs: Management of third-party suppliers and pass-through costs - include when significant third-party services are involved
8. Crisis Management: Procedures for handling advertising-related controversies - include for high-risk or sensitive campaigns
1. Schedule 1 - Services Description: Detailed specification of advertising services, including deliverables and timelines
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rate cards, and payment terms
3. Schedule 3 - Service Levels: Performance standards, response times, and quality metrics
4. Schedule 4 - Brand Guidelines: Client's branding requirements and usage guidelines
5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
6. Schedule 6 - Approval Matrix: Decision-making hierarchy and approval thresholds
7. Appendix A - Campaign Brief Template: Standard template for campaign briefs and requirements
8. Appendix B - Report Templates: Templates for campaign performance and financial reporting
Authors
Relevant legal definitions
Agency
Agreement
Advertising Materials
Approved Brief
Business Day
Campaign
Client
Client Materials
Commencement Date
Confidential Information
Deliverables
Digital Advertising
Effective Date
Fees
Force Majeure Event
Group
Initial Term
Intellectual Property Rights
Key Performance Indicators
Media Buy
Media Plan
Personal Data
Project
Services
Service Levels
Social Media Content
Specification
Staff
Standard Rates
Term
Territory
Third Party Costs
Working Hours
Work Product
Agency Personnel
Advertising Standards
Affiliate
Brand Guidelines
Campaign Budget
Creative Works
Data Protection Laws
GDPR
Licensed Materials
Marketing Communications
Media Outlets
Performance Reports
Production Schedule
Regulatory Requirements
Release Date
Target Audience
Timelines
Agreement
Advertising Materials
Approved Brief
Business Day
Campaign
Client
Client Materials
Commencement Date
Confidential Information
Deliverables
Digital Advertising
Effective Date
Fees
Force Majeure Event
Group
Initial Term
Intellectual Property Rights
Key Performance Indicators
Media Buy
Media Plan
Personal Data
Project
Services
Service Levels
Social Media Content
Specification
Staff
Standard Rates
Term
Territory
Third Party Costs
Working Hours
Work Product
Agency Personnel
Advertising Standards
Affiliate
Brand Guidelines
Campaign Budget
Creative Works
Data Protection Laws
GDPR
Licensed Materials
Marketing Communications
Media Outlets
Performance Reports
Production Schedule
Regulatory Requirements
Release Date
Target Audience
Timelines
Clauses
Scope of Services
Agency Obligations
Client Obligations
Approval Process
Fees and Payment
Intellectual Property Rights
Data Protection
Confidentiality
Term and Termination
Service Levels
Warranties
Limitation of Liability
Indemnification
Force Majeure
Assignment
Subcontracting
Compliance with Laws
Advertising Standards
Media Planning
Campaign Approval
Performance Metrics
Change Control
Staff and Key Personnel
Non-Solicitation
Dispute Resolution
Governing Law
Third Party Rights
Notices
Entire Agreement
Severability
Client Materials
Brand Guidelines Compliance
Agency Materials
Media Buying
Creative Services
Digital Advertising
Social Media
Content Rights
Consumer Protection
Anti-Bribery
Insurance
Audit Rights
Marketing Communications
Campaign Reporting
Competition Law
Cost Management
Quality Control
Agency Obligations
Client Obligations
Approval Process
Fees and Payment
Intellectual Property Rights
Data Protection
Confidentiality
Term and Termination
Service Levels
Warranties
Limitation of Liability
Indemnification
Force Majeure
Assignment
Subcontracting
Compliance with Laws
Advertising Standards
Media Planning
Campaign Approval
Performance Metrics
Change Control
Staff and Key Personnel
Non-Solicitation
Dispute Resolution
Governing Law
Third Party Rights
Notices
Entire Agreement
Severability
Client Materials
Brand Guidelines Compliance
Agency Materials
Media Buying
Creative Services
Digital Advertising
Social Media
Content Rights
Consumer Protection
Anti-Bribery
Insurance
Audit Rights
Marketing Communications
Campaign Reporting
Competition Law
Cost Management
Quality Control
Relevant Industries
Retail
Financial Services
Technology
Healthcare
Consumer Goods
Entertainment
Automotive
Travel and Tourism
Food and Beverage
Telecommunications
Professional Services
Education
Real Estate
Non-Profit Organizations
Media and Publishing
Relevant Teams
Legal
Marketing
Procurement
Compliance
Commercial
Finance
Brand Management
Digital Marketing
Creative Services
Media Planning
Business Development
Operations
Relevant Roles
Marketing Director
Chief Marketing Officer
Procurement Manager
Legal Counsel
Advertising Manager
Brand Manager
Commercial Director
Compliance Officer
Agency Account Director
Creative Director
Media Planning Director
Digital Marketing Manager
Contract Manager
Business Development Manager
Marketing Operations Manager
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