Maryland Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency: 1. Scope of Work: Clearly outline the specific deliverables and services that the advertising agency is expected to provide for the advertiser, including the duration and dates of the campaign. 2. Compensation and Payment Terms: Define the payment structure, including the fees, retainer amounts, and any additional costs that may be incurred during the campaign. Specify the payment schedule and any penalties for late payments or non-payment. 3. Intellectual Property Rights: Address the ownership and usage rights of any creative materials, trademarks, intellectual property, or data that may be developed or utilized during the campaign. Determine the extent of exclusivity, licensing, and permissions. 4. Confidentiality and Non-Disclosure: Establish provisions to protect sensitive information shared between the advertiser and advertising agency. Clearly define the obligations for maintaining confidentiality and the consequences of any unauthorized disclosure. 5. Termination and Dispute Resolution: Define the circumstances and procedures for terminating the contract, including any notice periods or penalties. Specify how disputes will be addressed, whether through mediation, arbitration, or litigation. 6. Performance Metrics: Identify the key performance indicators (KPIs) that will be used to measure the success of the campaign and the criteria for evaluating the agency's performance. Determine the reporting frequency and format. 7. Indemnification and Liability: Clarify each party's responsibilities for any potential breaches, damages, or claims arising from the campaign. Specify the limits of liability and obligations to indemnify and hold harmless. 8. Compliance with Laws and Regulations: Ensure that the advertising agency will comply with all applicable local, state, and federal laws, regulations, and industry standards in their advertising efforts. Address any specific legal requirements or restrictions. 9. Duration and Renewal: Define the initial term of the contract and any provisions for automatic renewal or extension. Specify the renegotiation process and conditions for changing or terminating the contract upon renewal. 10. Miscellaneous Provisions: Include any additional clauses or provisions that may be relevant to the specific relationship between the advertiser and advertising agency, such as force majeure, governing law, assignment, or amendment clauses. Types of Maryland Checklists for Contract Drafting: 1. Maryland Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency for Traditional Media Advertising (TV, radio, print) 2. Maryland Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency for Digital Advertising (online, social media, mobile) 3. Maryland Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency for Influencer Marketing Campaigns 4. Maryland Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency for Event Sponsorship Agreements.
Maryland Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency
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Criteria for agency selectionArea of expertise.Quality of existing clients.Reputation of principals and experience of staff.Agency fees and methods of charging/payment.In-house resources.Geographical cover.
Step 1: Identifying the best potential agencies for your business. All agencies are not created equal.Step 2: Create a questionnaire and interview the best targets to ensure a good fit.Step 3: Invite the best candidates to pitch their services.Step 4: Pick the front-runner.Step 5: Formally award the winner.
Essential Requirements of AgencyPrincipal Must be Competent to Contract.Competence of Agent is not Mandatory.No Consideration is Necessary.Expressed.Implied.By Subsequent Ratification of Unauthorised Act.Conduct the Principal's Business.Reasonable Skill and Diligence.More items...
Things to consider when selecting a new advertising agencyStrategic resources.People resources.Experience/expertise.Management skills.Remuneration structure.Chemistry.Size.Location.
How to Write a Contract Between Your Agency and a Client1.) Don't Use Legalese.2.) Start by Citing Both Parties.3.) Specify Duration and What Signifies the End.4.) Clearly Define the Scope of Work.5.) Talk About Additional, Out of Scope Work.6.) Identify Budget and Payment Terms.7.) Address Refund Requests.8.)More items...?01-Oct-2021
11 Items to include in your contract agreementNames and addresses of the agency and client.Outline the contract's duration.Make your scope of work bulletproof.Set a clear payment schedule.Don't be a pushover with late payments.If a client wants to add on work, write down your conditions.More items...?
The agreement must be voluntary and made by competent parties. The promise or agreement must be supported by an exchange of something of value (e.g., goods or services). This exchange must be legal.
A basic advertising contract should include the following: name of publication, station, website or advertising vehicle; your business name; price for the ad or ad schedule; date, issues or shows in which the ad is to run; placement in a print publication or time the ad is to run; payment due date; number of insertions
According to Section 183, any person who has attained the age of majority and has a sound mind can appoint an agent. In other words, any person capable of contracting can legally appoint an agent. Minors and persons of unsound mind cannot appoint an agent.
An agency agreement should contain information such as: The names and information of the principal, agent, and other important parties. The scope of duties of the agent (restrictions on what the agent can and can't do) Possible remedies for violations of agreement terms.