Wisconsin 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: Wisconsin Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency Introduction: When drafting a contract between an advertiser and an advertising agency in Wisconsin, it is crucial to ensure that all relevant aspects are covered to protect the interests of both parties. This checklist outlines important matters to be considered when creating a comprehensive and legally binding contract. Here are the key elements to include: 1. Parties involved: Clearly identify the advertiser and advertising agency by including their legal names, addresses, and contact information to establish the parties involved in the contract. 2. Purpose and scope of the agreement: Define the purpose and objectives of the advertising campaign or projects to provide a clear understanding of the services to be delivered. Include specifics such as timelines, deliverables, and any limitations on the scope of work. 3. Payment terms: Specify the payment structure, method, and schedule in detail. Define any additional costs or expenses, including but not limited to production costs, media buying, creative services, or digital advertising expenses. 4. Intellectual property rights: Address ownership of created materials, including copyrights, trademarks, patents, and licenses. Determine whether the advertiser or agency will own these rights and define how they can be used or licensed. 5. Confidentiality: Include provisions that protect confidential information exchanged during the course of the partnership. Specify what information is considered confidential and establish obligations for both parties regarding its protection and non-disclosure. 6. Termination and breach of contract: Outline the circumstances and procedures for terminating the agreement, such as non-performance, breach of contract, or mutual agreement. Include provisions for notice periods, termination fees, and the return or transfer of any assets or materials. 7. Indemnification and liability: Define each party's liability in case of errors, omissions, or misrepresentation. Address potential risks and include provisions for holding harmless, indemnifying, or limiting liability for both the advertiser and the advertising agency. 8. Dispute resolution and governing law: Specify the procedure for resolving disputes, such as mediation, arbitration, or litigation. Outline which state laws govern the agreement and where legal actions must take place in case of disputes. Additional Types of Wisconsin Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency: 1. Digital Advertising Addendum: Include additional clauses regarding responsibilities for digital advertising campaigns, such as ad placement, behavioral targeting, data management, and compliance with relevant laws such as the Wisconsin Consumer Protection Act or data privacy regulations. 2. Influencer Marketing Agreement: If the advertising agency collaborates with influencers, highlight the specific terms that regulate influencer partnerships, content ownership, disclosure requirements, and compliance with applicable Federal Trade Commission (FTC) guidelines. 3. Media Buying Agreement: Detail the specific agreements surrounding media buying, including rates, ad placements, data reporting, and any rebates or discounts provided by media outlets. Incorporate relevant pricing and performance metrics to ensure transparency. Conclusion: When drafting a contract between an advertiser and an advertising agency in Wisconsin, it is crucial to consider all relevant matters to protect both parties' interests. By incorporating the above checklist, you can create a comprehensive and legally sound agreement that establishes clear expectations and mitigates potential issues. Ensure to consult legal professionals to tailor the contract to your specific circumstances and comply with applicable Wisconsin laws.