AND ADVERTISING AGENCY CONTRACT
for advertising services made on _______________________(Month & Day),
_______ (Year) between ________________________________________ Advertiser
(Include Address) referred to as client, and
___________________________________ advertising agency __________ a corporation
existing under the laws of the state of _____________________ and located in
(Address) to as agency.
hires agency, and agency agrees to serve as ______________________________ (the
exclusive advertising agency of client or client‘s advertising agency in
the sale of _____________________________ client’s product or service as
in this contract).
shall act at all times during the term of this contract as independent
contained in this contract shall be construed to create the relation of
agent or employer and employee, between client and agency.
NOT TO DEAL WITH COMPETITORS
the term of this contract, agency shall not serve as advertising agency in
connection with any product directly competitive with the product or products
that agency is advertising for client, without first obtaining client‘s written
consent, nor shall client engage any other advertising agency to advertise
____________________ client’s (Product or Service) without first obtaining
agency’s written consent.
(a) Agency market research, consumer
investigations and trade investigations made for the purpose of assisting
agency in planning advertising for client shall be made at agency’s expense. Such investigations and research as may be
made pursuant to this agreement to secure information for client‘s own use
shall be paid for by client, at cost to agency plus a __________ percent
(b) Agency shall receive a commission of
__________ percent of the published rates of owners of media on all space in
media purchased by agency for client, except that agency’s commission on
outdoor advertising space shall be __________ percent of such purchase
price. Agency shall deduct this
commission from the published rate for any such space, and shall pay the net
sum after this deduction to the owner of the medium in which the space was
(c) Non-commissionable items purchased by agency
on client’s authorization, such as finished art, comprehensive layouts, type
composition, talent musical works radio photostats, engravings, printing type
setting, preparation of mechanical and television programs, literary, dramatic,
and, records and exhibits, shall be billed to client at agency’s cost plus a
__________ percent service charge.
(d) Should client desire agency to perform
special services involving no commissions to agency from owners of media, such
as direct mail advertising, speech writing and publicity and public relations
work, agency and client shall, before such services are performed, mutually agree
in writing on agency‘s compensation therefor on a straight-time basis.
for services rendered pursuant to Section Four (b) shall be mailed to client on
the ___________________ day of the month in which any such services are
performed, and shall be due and payable on _____________________ (Due Date)
client shall pay any bill for space in media on or before the due date, so as
to enable agency to obtain any cash discount offered by owners of such media, agency
shall credit client with the full amount of this discount.
APPROVAL OF WORK AND EXPENDITURES
shall prepare and submit for client’s approval advertising campaign plans,
together with estimates of their cost.
scripts, advertising copy and layouts, story boards and other materials
prepared by agency pursuant to an advertising campaign plan that has been
approved by client, shall be submitted to client‘s attorney for the attorney’s
approval. Client‘s attorney has the
right, in the attorney’s discretion, to withhold approval of any advertising
matters submitted by agency that, in the attorney‘s opinion, may violate any
regulation or ruling of the Federal Trade Commission.
shall not, without client’s written prior approval, incur any expenses or enter
into any obligations for which client may be held morally or legally
responsible, except in emergency situations where such action is, in agency’s
opinion, necessary to safeguard client’s interests.
NOT RESPONSIBLE FOR DEFAULTS OF OTHERS
shall not be liable to client by reason of the defaults of suppliers of
materials and services, owners of media or other persons not the agents or
employees of agency.
OF CONTRACT; TERMINATION
term of this contract shall begin on this day of _____________________ (Month
& Day), __________ (Year), and shall continue __________________________
for _____________________ months thereafter until ________________________
(Date), or until terminated by ___________________ days written notice given by
either party to this contract.
services performed and materials prepared by agency during the _____________
days prior to termination of this contract shall be billed to client as
provided in Sections Four and Five, except that final bills shall be rendered
by agency within ___________ days after termination, and shall be due and
payable by client __________________ days after the date thereof.
shall deliver to client all papers and other materials related to the work
performed under this agreement on termination thereof __________ (except that
agency reserves the right to retain any creative materials solely developed by
agency that are not related in their entirety to the work performed by agency
under this agreement).
shall assume liability for any contracts made by the agency that cannot be
canceled in accordance with the terms of this contract on client’s behalf prior
as specifically set forth in this section, all the rights and liabilities of
the parties arising out of this contract shall cease on the date of termination
of this contract.
witness whereof, the parties have executed this agreement at
___________________ (Designate Place of Execution) the day and year first above
of Client Date
of Client Date
of Agency Representative Date
of Agency Representative Date