Agency Of Record Agreement for Philippines

Agency Of Record Agreement Template for Philippines

This document establishes a formal agency of record relationship between a client company and an advertising/marketing agency in the Philippines, governed by Philippine law. It comprehensively outlines the scope of services, responsibilities, compensation structure, and operational procedures for the agency-client relationship. The agreement incorporates local advertising regulations, data protection requirements, and business practices specific to the Philippine market while ensuring compliance with relevant legislation including the Civil Code of the Philippines and the Consumer Act.

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What is a Agency Of Record Agreement?

The Agency of Record Agreement is a crucial document used when a company wishes to establish a formal, long-term relationship with an advertising or marketing agency in the Philippines. This agreement designates the agency as the official partner for handling specified marketing and advertising services, which may include creative development, media planning, buying, and strategic consulting. The document is structured to comply with Philippine legislation, including the Civil Code, Consumer Act, and relevant advertising regulations. It's particularly important for businesses seeking consistent brand messaging and centralized marketing efforts, as it clearly defines the scope of services, approval processes, intellectual property rights, and commercial terms. The agreement typically includes detailed provisions for performance measurement, reporting requirements, and termination conditions, making it essential for both parties to understand their rights and obligations under Philippine law.

What sections should be included in a Agency Of Record Agreement?

1. Parties: Identification of the Client and the Agency, including full legal names, addresses, and registration 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. Appointment and Scope: Formal appointment of the agency and detailed scope of services to be provided

5. Term and Renewal: Duration of the agreement and conditions for renewal

6. Agency Services and Responsibilities: Comprehensive outline of agency's duties, deliverables, and service standards

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

8. Fees and Payment Terms: Compensation structure, payment schedule, and billing procedures

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

10. Intellectual Property Rights: Ownership and usage rights of creative materials and campaigns

11. Confidentiality: Protection of confidential information and trade secrets

12. Termination: Grounds and procedures for ending the agreement

13. General Provisions: Standard legal clauses including governing law, notices, and amendments

What sections are optional to include in a Agency Of Record Agreement?

1. Media Buying Terms: Specific terms for media purchasing services, include when agency handles media buying

2. Digital Services: Specific provisions for digital marketing services, include when digital services are part of scope

3. Performance Metrics: KPIs and performance evaluation criteria, include when specific metrics are agreed upon

4. International Services: Terms for international marketing activities, include for multi-jurisdiction campaigns

5. Data Protection: Enhanced data protection and privacy terms, include when handling sensitive personal data

6. Exclusivity: Terms of exclusive agency relationship, include when exclusivity is agreed

7. Sub-contracting: Terms for engaging third-party suppliers, include when sub-contracting is anticipated

8. Crisis Management: Procedures for handling PR crises, include for high-profile clients

What schedules should be included in a Agency Of Record Agreement?

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

2. Schedule B - Fee Structure: Detailed fee calculations, commission rates, and payment terms

3. Schedule C - Key Personnel: List of key team members and their roles from both parties

4. Schedule D - Service Level Agreement: Specific performance standards and response times

5. Schedule E - Approval Matrix: Decision-making hierarchy and approval thresholds

6. Appendix 1 - Brand Guidelines: Client's branding requirements and guidelines

7. Appendix 2 - Reporting Templates: Standard formats for regular reporting and documentation

8. Appendix 3 - Rate Card: Standard rates for additional services outside core scope

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

Philippines

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Retail

Consumer Goods

Financial Services

Technology

Telecommunications

Healthcare

Automotive

Real Estate

Entertainment

Food and Beverage

Education

Tourism and Hospitality

Manufacturing

Professional Services

Relevant Teams

Legal

Marketing

Procurement

Finance

Corporate Communications

Brand Management

Digital Marketing

Media Relations

Executive Leadership

Compliance

Operations

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Procurement Manager

Legal Counsel

Corporate Communications Director

Advertising Manager

Media Relations Manager

Digital Marketing Manager

Chief Financial Officer

Contract Manager

Agency Relations Manager

Marketing Operations Manager

Chief Executive Officer

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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