Advertising Campaign Agreement
Advertising Campaign Agreement
This Advertising Campaign Agreement (the "Agreement") is made and entered into on this day, [Insert Date], by and between [Your Company Name], a corporation organized and existing under the laws of [State/Country], with its principal place of business located at [Your Company Address], hereinafter referred to as the "Advertiser", and [Agency Name], a corporation organized and existing under the laws of [State/Country], with its principal place of business located at [Address], hereinafter referred to as the "Agency".
WHEREAS, the Advertiser desires to engage the Agency to plan, create, execute, and manage an advertising campaign aimed at achieving the Advertiser's marketing and promotional objectives; and
WHEREAS, the Agency agrees to provide such advertising services to the Advertiser in accordance with the terms and conditions set forth in this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
I. Scope of Services
A. Creative Development: The Agency shall provide comprehensive creative services, including but not limited to, concept development, graphic design, copywriting, and production of advertising materials suitable for various media channels such as digital, print, and outdoor advertising. These services shall be provided on an as-needed basis throughout the duration of the campaign.
B. Media Planning and Buying: The Agency will be responsible for planning and purchasing media placements that align with the campaign objectives. This includes conducting media research, negotiating with media outlets, and securing advertising space and time. The Agency shall present a media plan for the Advertiser's approval within 30 days of the Agreement's commencement.
C. Campaign Strategy Development: The Agency shall develop a comprehensive advertising campaign strategy, outlining the approach to achieve the Advertiser's objectives. This strategy will be presented to the Advertiser for approval within 15 days of the Agreement's commencement.
D. Reporting and Analysis: The Agency agrees to provide monthly performance reports to the Advertiser, detailing the campaign's progress and effectiveness against the agreed metrics. These reports shall include analysis of key performance indicators (KPIs) and recommendations for optimization.
II. Campaign Objectives
A. Increase Brand Awareness: The primary objective of the advertising campaign is to increase brand awareness among the target audience by 25% within the first six months of the campaign launch.
B. Generate Leads: The campaign aims to generate at least 500 qualified leads for the Advertiser within the first three months of the campaign.
C. Boost Sales: The campaign seeks to achieve a 15% increase in sales for the Advertiser's featured products or services by the end of the campaign period.
III. Duration of the Agreement
A. Term: This Agreement shall commence on [Start Date] and shall continue in full force and effect until [End Date], unless terminated earlier in accordance with the termination provisions herein. This term covers a period of 12 months.
B. Renewal: Upon mutual agreement, this Agreement may be renewed for additional 12-month periods. The intention to renew shall be communicated by either party in writing at least 30 days before the end of the current term.
IV. Payment Terms
A. Fees: The Advertiser agrees to pay the Agency a total fee of $100,000 for the services rendered under this Agreement. This fee is divided into monthly payments of $8,333.33, due on the first business day of each month.
B. Expenses: Any out-of-pocket expenses incurred by the Agency in the execution of the campaign, including but not limited to, media buys, production costs, and third-party services, shall be reimbursed by the Advertiser. The Agency shall obtain the Advertiser's prior written approval for expenses exceeding $2,000 for any single item.
C. Late Payment: Payments not made within 15 days of the due date shall incur a late fee of 1.5% per month on the outstanding balance.
V. Intellectual Property Rights
A. Ownership: All creative works and materials developed by the Agency under this Agreement, including but not limited to advertisements, graphics, and copy, shall be the exclusive property of the Advertiser upon full payment for such materials.
B. License: The Agency grants the Advertiser a non-exclusive, worldwide, perpetual license to use the creative works and materials for the purposes of the advertising campaign and any future marketing efforts.
C. Third-Party Content: Any content or materials provided by third parties and used in the campaign shall remain the property of such third parties. The Agency is responsible for obtaining the necessary licenses or permissions for the use of such content.
VI. Confidentiality
A. Confidential Information: Both parties acknowledge that during the course of this Agreement, each may receive confidential information pertaining to the other's business. Such information includes, but is not limited to, business strategies, marketing plans, financial information, and other sensitive data.
B. Non-Disclosure: Both parties agree to keep all confidential information in strict confidence and to use it only for the purposes of executing this Agreement. Neither party shall disclose any confidential information to any third party without the prior written consent of the other party.
C. Duration of Confidentiality: The obligation of confidentiality shall remain in effect during the term of this Agreement and for a period of 5 years following its termination or expiration.
VII. Approval Processes
A. Material Approval: All advertising materials and campaign strategies developed by the Agency must be submitted to the Advertiser for approval. The Advertiser shall provide feedback or approval within 5 business days of receipt. Failure to respond within this timeframe shall be deemed approval of the submitted materials.
B. Changes and Revisions: If the Advertiser requests changes or revisions to the materials, the Agency shall incorporate the requested changes and submit the revised materials within 3 business days. The Advertiser is entitled to two rounds of revisions at no additional cost. Subsequent revisions may incur additional fees, to be agreed upon by both parties.
VIII. Reporting and Evaluation
A. Monthly Reports: The Agency shall provide monthly reports to the Advertiser detailing the campaign's performance, including metrics such as reach, engagement, lead generation, and sales impact. These reports are due on the 5th day of each month.
B. Campaign Review Meetings: The Agency and the Advertiser shall hold quarterly review meetings to discuss the campaign's progress, review performance reports, and make necessary adjustments to the campaign strategy. These meetings shall be scheduled at least 2 weeks in advance.
IX. Termination
A. Termination for Cause: Either party may terminate this Agreement for cause if the other party breaches any material provision of this Agreement and fails to cure such breach within 30 days after receiving written notice of the breach.
B. Termination for Convenience: The Advertiser may terminate this Agreement for any reason upon 60 days written notice to the Agency. In such cases, the Advertiser shall pay for all services rendered and expenses incurred up to the termination date, plus a termination fee equal to 25% of the remaining contract value.
C. Effect of Termination: Upon termination, the Agency shall deliver all work in progress, materials, and reports to the Advertiser. Both parties shall return any confidential information of the other party and cease using any intellectual property licensed under this Agreement.
D. Post-Termination Obligations: The confidentiality and intellectual property rights provisions of this Agreement shall survive termination and continue to be in effect according to their terms.
X. Legal and Compliance
A. Compliance with Laws: Both the Agency and the Advertiser shall comply with all applicable laws, regulations, and industry standards related to the execution of this Agreement and the advertising campaign.
B. Advertising Standards: The Agency agrees to ensure that all advertising materials and activities adhere to the highest ethical standards and do not violate any laws regarding advertising practices, including but not limited to, consumer protection laws and regulations.
XI. Dispute Resolution
A. Mediation: In the event of a dispute arising out of or in connection with this Agreement, the parties shall first attempt to resolve the dispute through mutual consultation. If the dispute cannot be resolved within 30 days, the parties agree to submit the dispute to mediation before resorting to arbitration or litigation.
B. Arbitration: If mediation fails to resolve the dispute, the parties agree to submit the dispute to binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (or similar body in the relevant jurisdiction) and shall take place in [City, State/Country]. The decision of the arbitrator(s) shall be final and binding on both parties.
XII. Miscellaneous Provisions
A. Force Majeure: Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by events beyond its reasonable control, including but not limited to, acts of God, war, terrorism, or natural disasters. The affected party shall notify the other party promptly and shall make all reasonable efforts to resume performance.
B. Assignment: Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party.
C. Amendments: Any amendments or modifications to this Agreement must be made in writing and signed by both parties.
D. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, both written and oral, concerning the subject matter hereof.
E. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [State/Country], without regard to its conflict of law provisions.
F. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
G. Notices: All notices and communications under this Agreement must be in writing and sent to the addresses provided by each party.
Signatures
IN WITNESS WHEREOF, the parties hereto have executed this Advertising Campaign Agreement as of the date first above written.
Advertiser
[Name]
[Title]
[Date]
Agency
[Name]
[Title]
[Date]
