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.

Ad or other Media Agency Agreement

This Agency Agreement (“Agreement”) is made and effective this _________________ (Date), by and between __________________________________ (“Agency”) and __________________________________ (Your Firm) (“Media User”).

Agency is in the business of providing media agency services for a fee.

Media User desires to engage Agency to render, and Agency desires to render to Media User, certain Agency services, all as set forth.

NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained, the parties hereto agree as follows:

1. Engagement.

Media User engages Agency to render, and Agency agrees to render to Media User, services in connection with Media User’s planning, preparing and placing of advertising and other media services for certain of Media User’s products as follows: ___________________________________________________________________

A. Analyze Media User’s current and proposed products and services and presentations and potential markets.

B. Create, prepare and submit to Media User for its prior approval advertising ideas, media suggestions, and other such related programs.

C. Prepare and submit to Media User for its prior approval estimates of costs and expenses associated with proposed advertising ideas and programs prior to any such implementation or financial commitment.

D. Design and prepare, or arrange for the design and preparation of advertisements, public relations, and other such materials.

E. Perform such other services as Media User may request from time to time such as, but not limited to, direct mail ad preparations, speech writing, publicity and public relations work, market research and analysis, and other similar and related activities.

F. Order advertising space,time or other means to be used for publication of Media User’s advertisements, at all times endeavoring to secure the most efficient and advantageous rates available.  All such activities to be approved in advance by the Media User unless otherwise written and stipulated.

G. Proof for accuracy and completeness of insertions, displays, broadcasts, or other forms of advertisements.

H. Audit invoices for proper and agreed upon space, time, material preparation and charges.

2. Products.

Agency’s engagement shall relate to the following products and services of Media User: ________________________________________________________________

3. Exclusivity.