Ad or Media Agency Agreement

How To Use

This review list is provided to inform you about the document in question and to assist you in completing it.

  • This Agreement is primarily of benefit to the Agency.  As a result, you as the Media User should be able to exact substantially better terms for your company in return for making this medium or long-term agreement. Favorable terms should apply to getting as many extra services at no or minimal charges, as well as negotiating a favorable hourly or percentage rate. You should review this exercise as no different than in negotiating terms with any outside vendor when predictability, volume, and a long-term agreement are of substantial value to them with all of their customers.
  • If you can not obtain favorable terms, you should consider tabling the Agreement other than to assure that all materials involving them are out rightly owned by your company with no further payments due them. This Agreement has provisions that apply to this concern and can be extracted from it for your firm’s benefit.
  • Each party should review the terms of the Agency Agreement to make sure you are both comfortable with all of the provisions, particularly concerning:
  • (a) Agency’s dealings with other companies
  • (b) Media User’s dealings with other agencies
  • (c) Ownership of advertisements and other materials
  • As a practical matter, print at least two copies and have them signed in the original so both parties have an original for their records.
  • Laws do vary somewhat from state to stat and are modified by both statute and legal precedent over time.  This is always a good reason to have a lawyer review any agreement, including this one, for hidden problems.