Media Agency Contract for the Netherlands

Media Agency Contract Template for Netherlands

This document is a comprehensive Media Agency Contract governed by Dutch law, establishing the terms and conditions for professional media planning, buying, and management services. It incorporates requirements from the Dutch Media Act (Mediawet), Dutch Advertising Code, and GDPR compliance measures, while addressing key aspects such as service scope, performance metrics, fee structures, and intellectual property rights. The contract is designed to protect both agency and client interests while ensuring compliance with Dutch and EU regulatory frameworks for media and advertising services.

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What is a Media Agency Contract?

The Media Agency Contract serves as a foundational agreement between professional media agencies and their clients in the Netherlands, establishing the framework for media planning, buying, and management services. This document is essential when engaging a media agency for advertising campaign management, media strategy development, and media buying services. It incorporates specific requirements from Dutch legislation, including the Mediawet 2008 and Nederlandse Reclame Code, while ensuring compliance with EU regulations such as GDPR. The contract covers crucial elements including service scope, performance metrics, compensation structures, data protection measures, and intellectual property rights, making it suitable for both traditional and digital media services. It's designed to provide clear accountability and protect both parties' interests while maintaining flexibility for evolving media landscapes.

What sections should be included in a Media Agency Contract?

1. Parties: Identification and details of the Media Agency and the Client

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

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

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

5. Agency Responsibilities: Specific obligations and duties of the media agency

6. Client Responsibilities: Client's obligations including providing necessary information and approvals

7. Fees and Payment Terms: Agency compensation structure, payment schedule, and related financial terms

8. Performance Metrics: Key performance indicators and measurement criteria

9. Intellectual Property Rights: Ownership and usage rights of creative materials and campaign assets

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection and Privacy: GDPR compliance and data handling procedures

12. Term and Termination: Duration of the agreement and termination conditions

13. Liability and Indemnification: Limitation of liability and indemnification provisions

14. General Provisions: Standard legal clauses including governing law, jurisdiction, and notices

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

1. Digital Marketing Services: Specific provisions for digital marketing and programmatic advertising services

2. Social Media Management: Terms specific to social media planning and execution

3. Creative Services: Additional provisions if the agency provides creative development services

4. International Campaigns: Specific terms for managing campaigns across multiple jurisdictions

5. Media Auditing Rights: Client's rights to audit media buying and placement activities

6. Sustainability Requirements: Environmental and social responsibility requirements for campaigns

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

8. Sub-contractor Terms: Terms governing the use of sub-contractors or third-party services

What schedules should be included in a Media Agency Contract?

1. Schedule 1: Service Level Agreement: Detailed service levels, response times, and performance standards

2. Schedule 2: Fee Structure: Detailed breakdown of fees, commission rates, and payment terms

3. Schedule 3: Approved Media Channels: List of approved media channels and platforms for campaigns

4. Schedule 4: Key Personnel: Details of key team members assigned to the client's account

5. Schedule 5: Reporting Requirements: Specific reporting formats, frequencies, and metrics

6. Appendix A: Campaign Brief Template: Standard template for campaign briefs and approvals

7. Appendix B: Brand Guidelines: Client's brand guidelines and requirements

8. Appendix C: Data Processing Agreement: Detailed GDPR-compliant data processing terms

9. Appendix D: Media Planning Calendar: Annual or quarterly media planning calendar

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

Netherlands

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Retail

Consumer Goods

Financial Services

Technology

Healthcare

Automotive

Entertainment

Travel and Tourism

Telecommunications

Education

Real Estate

Professional Services

Non-profit Organizations

Government Agencies

Energy and Utilities

Relevant Teams

Legal

Marketing

Finance

Procurement

Brand Management

Digital Marketing

Communications

Compliance

Business Development

Operations

Relevant Roles

Chief Marketing Officer

Marketing Director

Media Director

Procurement Manager

Legal Counsel

Finance Director

Brand Manager

Digital Marketing Manager

Advertising Manager

Contract Manager

Marketing Operations Manager

Chief Financial Officer

Communications Director

Business Development Director

Agency Relations Manager

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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