The Ad Agency Agreement is essential for businesses in the Netherlands seeking to formalize their relationship with advertising service providers. This document is typically used when a company wishes to engage an advertising agency for ongoing marketing and promotional services, whether for traditional media, digital platforms, or integrated campaigns. The agreement, governed by Dutch law and compliant with the Dutch Civil Code (Burgerlijk Wetboek), covers crucial aspects such as service scope, creative rights, approval workflows, and payment structures. It incorporates requirements from the Dutch Advertising Code (Nederlandse Reclame Code) and relevant data protection regulations, making it suitable for both domestic and international advertising campaigns managed from the Netherlands.
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1. Parties: Identification of the advertising agency and the client, including full legal names and registered addresses
2. Background: Context of the agreement and brief description of parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of advertising and marketing services to be provided by the agency
5. Agency Obligations: Key responsibilities and commitments of the advertising agency
6. Client Obligations: Key responsibilities and commitments of the client, including provision of materials and approvals
7. Approval Process: Procedures for submitting, reviewing, and approving advertising materials and campaigns
8. Fees and Payment Terms: Compensation structure, payment schedule, and invoicing procedures
9. Intellectual Property Rights: Ownership and licensing of creative works, existing IP, and campaign materials
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration of agreement and circumstances for termination
12. Warranties and Indemnities: Guarantees regarding services and materials, and protection against claims
13. Limitation of Liability: Limits on parties' liability and exclusions
14. General Provisions: Standard legal clauses including governing law, notices, and amendments
1. Media Buying Services: Specific terms for media purchasing and placement services, if agency handles media buying
2. Digital Marketing Services: Specific provisions for digital marketing, social media, and online advertising if included
3. Performance Metrics: KPIs and performance measurement criteria, if specific targets are agreed
4. Data Protection: Detailed GDPR compliance terms, required if personal data processing is involved
5. International Services: Additional terms for cross-border advertising services
6. Staff and Subcontractors: Terms regarding key personnel and use of subcontractors
7. Exclusivity: Terms regarding exclusive agency relationship, if applicable
8. Crisis Management: Procedures for handling advertising-related crises or emergencies
1. Schedule 1 - Scope of Services: Detailed breakdown of specific advertising services and deliverables
2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment terms
3. Schedule 3 - Service Level Agreement: Specific performance standards and response times
4. Schedule 4 - Approval Workflow: Detailed procedures and timelines for approvals
5. Schedule 5 - Brand Guidelines: Client's branding requirements and guidelines
6. Appendix A - Key Personnel: List of key agency and client personnel responsible for the account
7. Appendix B - Technical Requirements: Technical specifications for deliverables
8. Appendix C - Compliance Requirements: Industry-specific advertising regulations and compliance requirements
Relevant legal definitions
Clauses
Relevant Industries
Retail
Consumer Goods
Financial Services
Technology
Healthcare
Automotive
Food and Beverage
Entertainment
Travel and Tourism
Real Estate
Fashion and Apparel
Telecommunications
Professional Services
Education
Relevant Teams
Legal
Marketing
Procurement
Compliance
Finance
Brand Management
Digital Marketing
Creative Services
Business Development
Corporate Communications
Relevant Roles
Chief Marketing Officer
Marketing Director
Brand Manager
Procurement Manager
Legal Counsel
Creative Director
Account Director
Marketing Manager
Digital Marketing Manager
Media Planning Manager
Compliance Officer
Contract Manager
Business Development Manager
Agency Relations Manager
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