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Media Agency Agreement for the United States

Media Agency Agreement Template for United States

A Media Agency Agreement is a comprehensive legal document used in the United States to establish and govern the relationship between a media agency and its client. This agreement outlines the scope of media planning, buying, and management services, including digital and traditional media channels. It addresses key aspects such as compensation, performance metrics, intellectual property rights, and compliance with federal and state advertising regulations.

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Media Agency Agreement

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What is a Media Agency Agreement?

The Media Agency Agreement serves as the foundational document for establishing professional relationships in the media services industry. This contract is essential when companies seek to engage professional media agencies for advertising campaign management, media planning, and buying services. The agreement, governed by U.S. federal and state laws, typically includes detailed provisions for service scope, compensation structures, performance metrics, and regulatory compliance. It's particularly important in today's complex media landscape where digital and traditional channels require careful management and legal protection for both parties.

What sections should be included in a Media Agency Agreement?

1. Parties: Identification and details of the Media Agency and Client

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of media services to be provided

5. Term and Termination: Duration of agreement and termination conditions

6. Compensation and Payment Terms: Fee structure, payment schedule, and billing procedures

7. Intellectual Property Rights: Ownership and usage rights of creative materials

8. Confidentiality: Protection of sensitive information

9. Representations and Warranties: Legal assurances and guarantees from both parties

10. Indemnification: Protection against third-party claims and liability allocation

11. General Provisions: Standard legal clauses including governing law, notices, and amendment procedures

What sections are optional to include in a Media Agency Agreement?

1. Performance Metrics: Specific KPIs and success metrics for media campaigns

2. Data Protection: Specific data handling and privacy requirements when dealing with personal data

3. Subcontractor Rights: Terms and conditions for engaging third-party services and vendors

4. Force Majeure: Provisions for handling circumstances beyond parties' control

5. Compliance with Laws: Specific obligations regarding advertising regulations and industry standards

What schedules should be included in a Media Agency Agreement?

1. Schedule A - Services Description: Detailed breakdown of media services to be provided

2. Schedule B - Fee Schedule: Detailed pricing, commission structures, and payment terms

3. Schedule C - Service Level Agreement: Performance standards, metrics, and reporting requirements

4. Schedule D - Approved Subcontractors: List of pre-approved third-party service providers

5. Appendix 1 - Campaign Guidelines: Specific requirements and standards for media campaigns

6. Appendix 2 - Reporting Templates: Standard formats for performance and financial reporting

Authors

Alex Denne

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

Jurisdiction

United States

Document Type

Agency Agreement

Cost

Free to use
Clauses




































Industries

FTC Act and Advertising Regulations: Federal Trade Commission Act and related regulations governing truth in advertising, fair marketing practices, and consumer protection in advertising and marketing communications

Intellectual Property Legislation: Copyright Act, Lanham Act (Trademark law), DMCA, and state-specific right of publicity laws protecting creative works, brands, and personal likeness

Privacy and Data Protection Laws: State privacy laws (like CCPA), data breach notification requirements, and data protection regulations governing the collection and use of consumer data

Digital Media Regulations: Communications Decency Act, FCC regulations, and platform-specific guidelines governing digital media communications and broadcasting

Contract Law Framework: State-specific contract laws, Uniform Commercial Code, and Statute of Frauds requirements governing formation and enforcement of business agreements

Consumer Protection Statutes: State and federal consumer protection laws, including Fair Credit Reporting Act, governing business-consumer relationships and consumer rights

Employment Regulations: Fair Labor Standards Act, state employment laws, and independent contractor regulations governing workforce management and employment relationships

Industry Self-Regulation: Industry-specific guidelines, platform terms of service, and NAD/NARB guidelines for advertising and media practices

Financial Compliance: Payment processing requirements, state financial regulations, and securities laws governing financial aspects of media agency operations

Anti-discrimination Framework: Americans with Disabilities Act, Civil Rights Act, and state anti-discrimination laws ensuring equal treatment and accessibility in media and advertising

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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