The Agreement Between Advertising Agency And Client is a vital commercial contract used when a business engages an advertising agency for professional marketing and advertising services in the Netherlands. This document is essential for establishing clear parameters of the business relationship, detailing service expectations, and ensuring compliance with Dutch advertising laws and regulations. It typically covers comprehensive terms including service scope, creative rights, approval processes, compensation, and compliance with Dutch advertising codes and GDPR requirements. The agreement is particularly important in today's complex advertising landscape where campaigns often span multiple channels and involve significant budgets. It provides legal protection for both parties while establishing clear operational guidelines and performance expectations under Dutch jurisdiction.
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1. Parties: Identification and details of the Advertising Agency and the Client
2. Background: Context of the agreement and brief description of the parties' intention to enter into an advertising services relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of advertising services to be provided by the Agency
5. Agency Obligations: Key responsibilities and commitments of the Agency
6. Client Obligations: Key responsibilities and commitments of the Client, including provision of materials and approvals
7. Approval Process: Process and timelines for Client review and approval of advertising materials
8. Fees and Payment Terms: Compensation structure, payment schedule, and related financial terms
9. Intellectual Property Rights: Ownership and licensing of creative works and advertising materials
10. Confidentiality: Protection of confidential information exchanged between parties
11. Data Protection: GDPR compliance and data handling requirements
12. Term and Termination: Duration of agreement and conditions for termination
13. Liability and Indemnification: Allocation of risks and responsibilities between parties
14. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Media Buying Services: Specific terms for media planning and buying services, if the agency provides these services
2. Digital Marketing Services: Specific terms for digital marketing and online advertising services, if included
3. Performance Metrics: KPIs and performance measurement criteria, if specific metrics are to be tracked
4. Exclusivity: Terms regarding exclusive rights or non-compete provisions, if applicable
5. International Services: Additional terms for cross-border advertising services, if relevant
6. Sub-contractors: Terms governing the use of third-party service providers, if allowed
7. Crisis Management: Procedures for handling advertising-related crises or controversies, if required
1. Schedule A - Scope of Services: Detailed breakdown of specific advertising services to be provided
2. Schedule B - Fee Structure: Detailed pricing, rate cards, and payment terms
3. Schedule C - Service Level Agreement: Specific performance standards and response times
4. Schedule D - Approved Sub-contractors: List of pre-approved third-party service providers
5. Schedule E - Brand Guidelines: Client's branding requirements and guidelines
6. Appendix 1 - Contact Details: Key contacts and escalation matrix for both parties
7. Appendix 2 - Approval Workflow: Detailed process flow for content approval and revision cycles
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