The Agency of Record Agreement serves as the foundational document governing the relationship between a business and its primary marketing/advertising partner. This agreement is essential when a company wishes to establish a long-term, comprehensive marketing relationship with a single agency responsible for managing their advertising and marketing initiatives. It provides detailed terms for service delivery, performance expectations, compensation structures, and intellectual property rights, while ensuring compliance with U.S. advertising regulations and industry standards. The agreement is particularly crucial for businesses seeking consistent brand messaging and coordinated marketing efforts across multiple channels.
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1. Parties: Identifies and defines the client and agency parties to the agreement
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope of Services: Defines the agency's appointment and outlines core services to be provided
5. Term and Termination: Specifies duration of agreement and termination provisions
6. Compensation and Payment Terms: Details fees, commissions, and payment schedules
7. Intellectual Property Rights: Addresses ownership and usage rights of created materials
8. Confidentiality: Defines confidential information and protection obligations
1. Performance Metrics: Defines KPIs and performance evaluation criteria for measuring agency success
2. Exclusivity: Defines any exclusive arrangements between parties and competitive restrictions
3. International Services: Provisions for international marketing activities and cross-border considerations
4. Data Protection: Specific data handling and privacy requirements for personal and sensitive information
1. Schedule of Services: Detailed breakdown of all services to be provided by the agency
2. Fee Schedule: Detailed breakdown of all fees, commissions, and costs
3. Service Level Agreement: Specific performance standards and metrics for service delivery
4. Key Personnel: List of key team members and their roles in service delivery
5. Brand Guidelines: Client's brand standards and requirements for agency compliance
6. Approval Process: Workflow for approvals and sign-offs on deliverables
Relevant legal definitions
Agency Services
Advertising Materials
Agency Fee
Approved Media
Brand Guidelines
Client Materials
Commencement Date
Commission
Confidential Information
Creative Works
Deliverables
Effective Date
Initial Term
Intellectual Property Rights
Key Personnel
Marketing Plan
Media Buying
Media Placement
Media Spend
Out-of-Pocket Expenses
Production Costs
Project Brief
Renewal Term
Representatives
Scope of Services
Service Level Requirements
Subsidiary
Territory
Third Party Costs
Work Product
Advertising Materials
Agency Fee
Approved Media
Brand Guidelines
Client Materials
Commencement Date
Commission
Confidential Information
Creative Works
Deliverables
Effective Date
Initial Term
Intellectual Property Rights
Key Personnel
Marketing Plan
Media Buying
Media Placement
Media Spend
Out-of-Pocket Expenses
Production Costs
Project Brief
Renewal Term
Representatives
Scope of Services
Service Level Requirements
Subsidiary
Territory
Third Party Costs
Work Product
Clauses
Appointment
Scope of Services
Term and Duration
Agency Obligations
Client Obligations
Fees and Payment
Media Buying and Placement
Approvals and Authorization
Intellectual Property Rights
Confidentiality
Data Protection
Warranties and Representations
Indemnification
Limitation of Liability
Termination
Force Majeure
Non-Solicitation
Assignment and Subcontracting
Performance Metrics
Reporting Requirements
Brand Protection
Exclusivity
Compliance with Laws
Dispute Resolution
Insurance
Notices
Entire Agreement
Amendment and Modification
Governing Law
Severability
Scope of Services
Term and Duration
Agency Obligations
Client Obligations
Fees and Payment
Media Buying and Placement
Approvals and Authorization
Intellectual Property Rights
Confidentiality
Data Protection
Warranties and Representations
Indemnification
Limitation of Liability
Termination
Force Majeure
Non-Solicitation
Assignment and Subcontracting
Performance Metrics
Reporting Requirements
Brand Protection
Exclusivity
Compliance with Laws
Dispute Resolution
Insurance
Notices
Entire Agreement
Amendment and Modification
Governing Law
Severability
Relevant Industries
Relevant Teams
Relevant Roles
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