The Advertising Sales Contract serves as a crucial legal framework for businesses engaging in advertising services in Australia. This document is essential when establishing a formal relationship between advertising service providers (such as agencies or media companies) and their clients. It outlines the scope of advertising services, delivery requirements, payment structures, and compliance obligations under Australian law, including the Competition and Consumer Act 2010 and relevant advertising standards. The contract typically covers various advertising channels including traditional media, digital platforms, and emerging technologies, while incorporating specific provisions for performance measurement, content approval processes, and intellectual property rights. It's designed to protect both parties' interests while ensuring transparency and compliance with Australian advertising regulations and industry standards.
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1. Parties: Identification of the advertising service provider and the client, including full legal names, ABNs, and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the contract, including advertising-specific terminology
4. Scope of Services: Detailed description of advertising services to be provided, including types of advertising, platforms, and formats
5. Term and Renewal: Duration of the agreement and conditions for renewal
6. Payment Terms: Pricing, payment schedule, invoicing details, and any commission structures
7. Client Obligations: Client responsibilities including providing materials, approvals, and maintaining necessary rights
8. Service Provider Obligations: Agency's responsibilities, deliverables, and performance standards
9. Approval Process: Procedures for submitting, reviewing, and approving advertising materials
10. Intellectual Property Rights: Ownership and usage rights of advertising materials and creative content
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Representations: Guarantees regarding service quality, compliance with laws, and advertising standards
13. Termination: Conditions and procedures for ending the agreement
14. Dispute Resolution: Process for handling disagreements and conflicts
15. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Performance Metrics: Specific KPIs and measurement criteria for advertising campaigns
2. Digital Advertising Provisions: Specific terms for digital advertising including tracking, targeting, and privacy requirements
3. Agency Commission Structure: Detailed breakdown of commission calculations and terms when agency commission model is used
4. Content Creation Services: Terms specific to creation of advertising content when included in scope
5. Media Buying Terms: Specific provisions for media purchasing services if included
6. Social Media Advertising: Special terms for social media platform advertising
7. Exclusivity Provisions: Terms regarding exclusive rights or territory restrictions
8. Force Majeure: Provisions for unforeseen circumstances affecting advertising delivery
9. Client Approvals: Detailed approval workflows for specific types of advertising or high-value campaigns
1. Schedule A - Advertising Services and Pricing: Detailed breakdown of specific advertising services and associated pricing
2. Schedule B - Campaign Specifications: Technical specifications and requirements for advertising campaigns
3. Schedule C - Service Level Agreement: Performance standards, response times, and service quality metrics
4. Schedule D - Approved Media Platforms: List of approved advertising platforms and media outlets
5. Schedule E - Creative Brief Template: Standard template for campaign briefs and requirements
6. Appendix 1 - Rate Card: Detailed pricing for different types of advertising services and media placements
7. Appendix 2 - Approval Workflow: Detailed process flow for campaign approvals and revisions
8. Appendix 3 - Brand Guidelines: Client's branding requirements and guidelines for advertising content
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