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Exclusive Advertising Agreement

Exclusive Advertising Agreement Template for India

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Key Requirements PROMPT example:

Exclusive Advertising Agreement

"I need an Exclusive Advertising Agreement for a major shopping mall in Mumbai, granting exclusive outdoor and indoor advertising rights to a national advertising agency for 3 years starting January 2025, with specific provisions for digital display advertising and revenue sharing."

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Document background
The Exclusive Advertising Agreement is a crucial commercial document used when an organization wishes to secure exclusive advertising rights within a specific territory or platform in India. This agreement is particularly important in scenarios where exclusive advertising privileges carry significant commercial value, such as premier venues, major events, or popular digital platforms. The document comprehensively covers the grant of exclusive rights, financial terms, performance obligations, and compliance requirements under Indian law. It's designed to protect both the rights holder's interests in maintaining advertising value and the advertiser's exclusive privileges while ensuring compliance with Indian advertising regulations, competition laws, and industry standards. The agreement typically includes detailed specifications for advertising content, approval processes, and performance metrics, making it essential for high-value advertising arrangements in the Indian market.
Suggested Sections

1. Parties: Identification and details of the contracting parties - the advertiser and the advertising rights holder

2. Background: Context of the agreement, including the rights holder's business and advertiser's objectives

3. Definitions: Key terms used throughout the agreement including Advertising Rights, Territory, Term, Exclusive Period, etc.

4. Grant of Rights: Specific advertising rights being granted and their exclusive nature

5. Term and Exclusivity: Duration of the agreement and specific terms of exclusivity

6. Territory: Geographical scope where the exclusive advertising rights apply

7. Advertising Specifications: Requirements for advertising content, formats, and placement

8. Approval Process: Procedures for submission, review, and approval of advertising materials

9. Payment Terms: Fee structure, payment schedule, and any performance-based adjustments

10. Performance Obligations: Minimum advertising commitments and performance requirements

11. Intellectual Property Rights: Ownership and usage rights of trademarks, creative content, and advertising materials

12. Representations and Warranties: Standard and specific warranties from both parties

13. Termination: Conditions and process for ending the agreement

14. Confidentiality: Protection of confidential information shared during the relationship

15. General Provisions: Standard boilerplate clauses including notices, assignment, governing law

Optional Sections

1. Digital Rights: Specific provisions for digital advertising platforms and social media - include when digital advertising is part of the scope

2. Measurement and Reporting: Detailed metrics and reporting requirements - include for performance-based agreements

3. Agency Appointments: Rights and obligations regarding appointment of advertising agencies - include when third-party agencies will be involved

4. Competitive Products: Restrictions on advertising competing products - include when category exclusivity is important

5. Force Majeure: Provisions for unforeseen circumstances - particularly relevant post-COVID

6. Insurance: Specific insurance requirements - include for high-value or high-risk advertising activities

7. Compliance with Platform Policies: Specific requirements for different advertising platforms - include for multi-platform advertising

8. Data Protection: Specific data handling and privacy requirements - include when customer data is involved

Suggested Schedules

1. Schedule 1 - Advertising Specifications: Detailed technical specifications for advertising materials

2. Schedule 2 - Fee Structure: Detailed breakdown of fees, payment milestones, and calculation methodologies

3. Schedule 3 - Approved Locations/Platforms: List of approved advertising locations, platforms, or channels

4. Schedule 4 - Brand Guidelines: Specific requirements for brand usage and advertising style

5. Schedule 5 - Performance Metrics: Detailed KPIs and measurement criteria

6. Schedule 6 - Approval Workflow: Detailed process flow for content approval including timelines

7. Appendix A - Template Reports: Standard templates for performance and financial reporting

8. Appendix B - Contact Details: Key contacts and escalation matrix for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions
























































Clauses













































Relevant Industries

Media & Entertainment

Sports & Recreation

Retail

Consumer Goods

Technology

Telecommunications

Real Estate

Transportation

Events & Venues

Digital Platforms

Broadcasting

Publishing

Out-of-Home Advertising

E-commerce

Sports Franchises

Relevant Teams

Legal

Marketing

Commercial

Business Development

Finance

Compliance

Brand Management

Media Rights

Operations

Sales

Digital

Corporate Communications

Relevant Roles

Chief Marketing Officer

Commercial Director

Head of Advertising

Legal Counsel

Marketing Director

Business Development Manager

Advertising Manager

Contract Manager

Media Rights Manager

Brand Manager

Chief Commercial Officer

Venue Manager

Platform Director

Sales Director

Compliance 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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