The Advertising Service Agreement is essential for businesses engaging external advertising services in Germany. This contract type is specifically designed to comply with German legal requirements, including the German Civil Code (BGB), Act Against Unfair Competition (UWG), and GDPR requirements. It's typically used when a company wants to establish a formal relationship with an advertising agency or marketing service provider, covering crucial aspects such as campaign execution, creative services, media buying, performance metrics, and intellectual property rights. The agreement provides clear guidelines on service delivery, approval processes, and compliance with German advertising standards, while protecting both parties' interests in the advertising relationship.
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1. Parties: Identification of the advertising service provider and the client, including full legal names, registration details, and addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement, including advertising services, materials, deliverables, and campaigns
4. Scope of Services: Detailed description of advertising services to be provided, including types of advertising, channels, and campaign specifications
5. Approval Process: Procedures for submission, review, and approval of advertising materials and campaigns
6. Service Provider's Obligations: Key responsibilities of the advertising agency, including delivery timelines, quality standards, and reporting requirements
7. Client's Obligations: Client responsibilities including providing materials, information, and timely approvals
8. Fees and Payment Terms: Compensation structure, payment schedule, and invoicing procedures
9. Intellectual Property Rights: Ownership and usage rights of creative materials, existing IP, and campaign deliverables
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: GDPR compliance and data processing obligations
12. Term and Termination: Duration of agreement and termination provisions
13. Warranties and Representations: Parties' warranties regarding services, materials, and compliance with laws
14. Limitation of Liability: Liability caps and exclusions in accordance with German law
15. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Performance Metrics: Specific KPIs and success metrics for campaigns - include when measurable performance targets are part of the agreement
2. Media Buying: Terms specific to media purchasing and placement - include when agency handles media buying
3. Third-Party Vendors: Provisions regarding use and management of third-party service providers - include when subcontractors are involved
4. Social Media Provisions: Specific terms for social media advertising - include for social media campaigns
5. Competition Restrictions: Non-compete and exclusivity provisions - include when exclusive arrangements are required
6. Crisis Management: Procedures for handling advertising-related crises or emergencies - include for high-risk or sensitive campaigns
7. International Advertising: Provisions for cross-border advertising - include for international campaigns
1. Schedule 1 - Service Specifications: Detailed description of advertising services, channels, and campaign requirements
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, commission structures, and payment terms
3. Schedule 3 - Service Levels: Performance standards, response times, and quality metrics
4. Schedule 4 - Approved Subcontractors: List of pre-approved third-party vendors and service providers
5. Schedule 5 - Brand Guidelines: Client's branding requirements and usage guidelines
6. Appendix A - Campaign Brief Template: Standard template for campaign briefing and approval
7. Appendix B - Reporting Templates: Standard formats for campaign performance and financial reporting
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