The Advertising Sales Agreement is essential for businesses engaging in advertising activities in the Netherlands. It provides a comprehensive legal framework for the sale and placement of advertisements across various media channels. This document is typically used when an advertising service provider (such as a media company, publisher, or platform) agrees to sell advertising space or time to an advertiser or agency. The agreement ensures compliance with Dutch advertising laws and regulations, including the Dutch Civil Code and Advertising Code, while covering crucial commercial terms such as pricing, specifications, and performance metrics. It addresses modern advertising requirements including digital advertising, data protection, and multi-channel campaigns, making it suitable for both traditional and digital advertising arrangements.
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1. Parties: Identification and details of the advertising service provider and the advertiser
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of advertising services to be provided
5. Advertising Specifications: Requirements for advertising content, format, and delivery
6. Approval Process: Process for submission, review, and approval of advertising materials
7. Payment Terms: Pricing, payment schedule, and invoicing requirements
8. Term and Termination: Duration of the agreement and conditions for termination
9. Intellectual Property Rights: Ownership and usage rights of advertising materials and related content
10. Representations and Warranties: Parties' assurances regarding their capacity and advertising content
11. Compliance with Laws: Obligations to comply with advertising regulations and applicable laws
12. Confidentiality: Protection of confidential information exchanged during the relationship
13. Liability and Indemnification: Allocation of risks and responsibilities between parties
14. Force Majeure: Provisions for unforeseen circumstances affecting performance
15. General Provisions: Standard legal provisions including notices, assignment, and governing law
1. Data Protection: Detailed GDPR compliance provisions when personal data processing is involved
2. Performance Metrics: Specific KPIs and measurement criteria when performance-based advertising is used
3. Agency Obligations: Additional provisions when the advertiser is represented by an agency
4. Multi-Channel Advertising: Specific provisions for different advertising channels (TV, radio, digital, print)
5. Creative Services: Additional terms when the provider also creates advertising content
6. Exclusivity: Exclusivity provisions when required by either party
7. Volume Commitments: Minimum spending or volume commitments with associated incentives
8. Competition Restrictions: Non-compete and category exclusivity provisions when relevant
1. Schedule 1: Rate Card: Detailed pricing structure and rates for different advertising services
2. Schedule 2: Technical Specifications: Detailed technical requirements for advertising materials
3. Schedule 3: Service Level Agreement: Performance standards and service levels for advertising delivery
4. Schedule 4: Campaign Schedule: Planned advertising campaigns with timelines and placements
5. Schedule 5: Approved Advertising Channels: List of approved media channels and platforms
6. Appendix A: Content Guidelines: Specific guidelines for advertising content and brand requirements
7. Appendix B: Reporting Requirements: Format and frequency of performance and delivery reports
8. Appendix C: Contact Details: Key contacts and escalation procedures for both parties
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