Media Agency Contract for India

Media Agency Contract Template for India

A comprehensive legal agreement governed by Indian law that establishes the terms and conditions between a media agency and its client for the provision of media planning, buying, and management services. The document outlines service scope, deliverables, payment terms, performance metrics, and compliance requirements with Indian advertising and media regulations. It incorporates provisions for digital media, traditional media channels, and addresses specific requirements under Indian advertising standards and data protection laws. The agreement ensures clarity in responsibilities, intellectual property rights, and dispute resolution mechanisms within the Indian legal framework.

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What is a Media Agency Contract?

The Media Agency Contract serves as a foundational document for establishing and managing the relationship between professional media agencies and their clients in India. It is essential when businesses seek to engage external expertise for their media planning, buying, and campaign management needs. The contract addresses crucial aspects including service scope, compensation structures, performance metrics, and compliance with Indian media and advertising regulations. It incorporates necessary provisions for both traditional and digital media channels, while ensuring alignment with the Indian Contract Act, ASCI guidelines, and relevant media laws. This document is particularly important given the complex media landscape in India and the need for clear delineation of responsibilities, deliverables, and rights between parties.

What sections should be included in a Media Agency Contract?

1. Parties: Identification of the media agency and the client, including registered addresses and company details

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

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

4. Scope of Services: Comprehensive outline of media planning, buying, and management services to be provided

5. Agency Obligations: Detailed responsibilities and commitments of the media agency

6. Client Obligations: Client's responsibilities including provision of information, approvals, and materials

7. Campaign Planning and Approval: Process for developing, presenting, and obtaining approval for media campaigns

8. Budget and Payment Terms: Financial terms including agency fees, media costs, payment schedule, and invoicing procedures

9. Intellectual Property Rights: Ownership and usage rights of creative materials, campaigns, and other intellectual property

10. Confidentiality: Protection of confidential information and trade secrets

11. Performance Metrics: KPIs and measurement criteria for agency performance

12. Reporting Requirements: Regular reporting obligations and documentation requirements

13. Term and Termination: Duration of the agreement and conditions for termination

14. Indemnification: Mutual indemnification obligations and liability limitations

15. Dispute Resolution: Process for resolving disputes including jurisdiction and governing law

16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

What sections are optional to include in a Media Agency Contract?

1. Digital Marketing Services: Specific provisions for digital marketing services if included in scope

2. Social Media Management: Terms specific to social media account management and content creation

3. Data Protection and Privacy: Additional provisions for handling personal data and ensuring privacy compliance

4. International Campaigns: Specific terms for managing international media campaigns if applicable

5. Competitor Exclusivity: Terms regarding working with client's competitors if exclusivity is required

6. Crisis Management: Procedures for handling media crises and emergency situations

7. Sustainability Requirements: Environmental and social responsibility commitments in media planning

8. Agency of Record: Special terms if the agency is designated as the exclusive agency of record

What schedules should be included in a Media Agency Contract?

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

2. Schedule B - Fee Structure: Comprehensive fee schedule including commission rates and special project rates

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

4. Schedule D - Approved Media Channels: List of approved media channels and platforms for campaigns

5. Schedule E - Reporting Templates: Standard templates for regular reporting and performance metrics

6. Schedule F - Service Level Agreement: Specific performance standards and response time commitments

7. Appendix 1 - Campaign Approval Process: Detailed workflow for campaign planning and approval

8. Appendix 2 - Brand Guidelines: Client's brand guidelines and requirements for media placements

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

India

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Retail

Consumer Goods

Technology

Financial Services

Healthcare

Automotive

Entertainment

Education

Real Estate

Hospitality

Telecommunications

E-commerce

Fashion and Luxury

Food and Beverage

Professional Services

Relevant Teams

Legal

Marketing

Procurement

Finance

Compliance

Brand Management

Digital Marketing

Communications

Advertising

Media Operations

Contract Management

Relevant Roles

Chief Marketing Officer

Marketing Director

Media Planning Manager

Procurement Manager

Legal Counsel

Brand Manager

Digital Marketing Manager

Advertising Manager

Communications Director

Contract Manager

Media Buying Director

Account Director

Finance Director

Compliance Officer

Marketing Operations Manager

Industries
Indian Contract Act, 1872: Fundamental law governing contract formation, validity, and enforcement in India, establishing basic principles of offer, acceptance, consideration, and capacity to contract
Advertising Standards Council of India (ASCI) Guidelines: Self-regulatory guidelines for advertising content and practices in India, ensuring advertisements are legal, decent, honest, and truthful
Copyright Act, 1957: Protects original creative works including advertising materials, designs, and content created by the media agency
Trademarks Act, 1999: Governs the use and protection of trademarks in advertising and branding materials
Information Technology Act, 2000: Regulates digital communications, electronic commerce, and cybersecurity aspects of media operations
Consumer Protection Act, 2019: Protects consumer interests and regulates misleading advertisements, including provisions for e-commerce and digital advertising
Personal Data Protection Bill (latest version): Guidelines for handling personal data in advertising and marketing activities, including consumer profiling and targeting
Cable Television Networks (Regulation) Act, 1995: Regulates content and advertising on television networks, including advertisement codes and programming guidelines
Press Council Act, 1978: Relevant for media content in print publications and associated advertising standards
Competition Act, 2002: Ensures fair competition and prevents anti-competitive practices in media and advertising industry
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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