Mississippi Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency

• Category: Contracts - Advertising
• State: Multi-State
• Control #: US-13313BG
• Format: Word; Rich Text

Description

As the title indicates, this form is a checklist of matters to be considered in drafting a contract between an advertiser and an advertising agency.

Title: Mississippi Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency Introduction: When entering into a contractual agreement between an advertiser and an advertising agency in Mississippi, it is crucial to ensure that all essential aspects are thoroughly considered and addressed. This checklist provides a comprehensive guide, highlighting the key matters that should be incorporated into the contract. By following this checklist, advertisers and advertising agencies can establish a mutually beneficial and legally sound agreement. 1. Defining Parties and Contact Information: Clearly identify the advertiser and advertising agency involved in the contractual agreement, including their legal names, addresses, and contact information, to ensure accurate representation. 2. Scope of Work: Specify in detail the scope of work, including the specific advertising services to be provided, campaign objectives, target audience, and any limitations or exclusions related to the project. 3. Term and Termination: Define the duration of the contract, specifying the start and end dates or indicating whether the agreement is an ongoing arrangement. Discuss conditions under which either party can terminate the contract, including notice periods and any potential consequences. 4. Compensation and Payment Terms: Establish the compensation structure, including the agreed-upon fees, billing cycles, and payment terms. Clearly outline any additional expenses, such as travel costs or media buying fees, and how they will be handled. 5. Intellectual Property Rights: Specify the ownership and usage rights of intellectual property, such as advertising concepts, artwork, slogans, and digital assets. Clarify whether ownership is retained by the advertiser or transferred to the advertising agency upon completion of the project. 6. Confidentiality and Non-Disclosure: Include provisions to protect sensitive information shared during the course of the agreement. Define what constitutes confidential information and outline measures to ensure its confidentiality, both during and after the contract's completion. 7. Indemnification and Liability: Address the responsibilities and potential liabilities of each party. Establish indemnification clauses to protect against claims arising from advertising materials, intellectual property infringement, or any other issues that may arise during the campaign. 8. Performance Metrics and Reporting: Define the key performance indicators (KPIs) against which the agency's performance will be evaluated. Specify the frequency and format of performance reports, ensuring transparency and accountability. 9. Dispute Resolution: Outline the preferred method for resolving disputes that may arise during the contract's duration. Options can include mediation, arbitration, or litigation, and the appropriate authority to handle the dispute. 10. Governing Law: Specify the jurisdiction and governing laws that apply to the contractual agreement between the advertiser and advertising agency. For contracts in Mississippi, identify Mississippi state law as the relevant law to govern interpretation and resolution. Different types of Mississippi Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency can be customized based on the specific requirements of each advertiser and agency. This may include specialized clauses related to unique advertising needs, industry-specific regulations, or any other relevant legal considerations specific to the Mississippi jurisdiction.