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This is an agreement between an advertising and marketing agency and a company desiring advertising and marketing services. The agreement sets forth the parties’ rights and responsibilities, including what the agency will produce and deliver to the company, and how the agency will enter into third party contracts to produce the company’s marketing or advertising materials. This document contains both standard clauses as well as opportunities for customization to ensure that the understandings of the parties are properly set forth.
This is an agreement between an advertising and marketing agency and a company desiring advertising and marketing services. The agreement sets forth the parties’ rights and responsibilities, including what the agency will produce and deliver to the company, and how the agency will enter into third party contracts to produce the company’s marketing or advertising materials. This document contains both standard clauses as well as opportunities for customization to ensure that the understandings of the parties are properly set forth. MARKETING SERVICES AGREEMENT THIS MARKETING SERVICES AGREEMENT (the “Agreement”) made as of ___________ [Instruction: Insert Date], by and between ___________ [Instruction: Insert Name of Marketing Agency], located at ___________ [Instruction: Insert Address] (“Agency”), and ___________ [Instruction: Insert Name of Company], located at ___________ [Instruction: Insert Address] (“Company”). WHEREAS, Agency is in the business of providing advertising agency services for a fee; WHEREAS, Company desires to engage Agency to render certain advertising agency services, subject to the terms and conditions set forth herein, and Agency desires to accept said engagement. NOW, THEREFORE, in consideration of the promises and other good and valuable consideration set forth, the parties agree as follows: 1. Engagement. A. Throughout the duration of the Term, as such term is defined in paragraph 6 hereof, Agency shall render the following services, in a competent fashion, with the highest amount of professionalism and integrity, in accordance with applicable standards of the profession, all subject to approval of Company: i. Formulate and submit advertising campaigns; ii. Create and prepare marketing and advertising for consumer and trade print, broadcast and outdoor media; iii. Develop a media strategy and plan for an agreed upon number of test markets and support the proposed media plan with advertising strategy and rationales; iv. Purchase all materials and services necessary for the production of finished advertisements and commercials; v. Execute marketing and advertising in finished form; vi. Provide the marketing and advertising material to media contacts with proper instructions and administer and monitor any ongoing obligations with respect to the marketing and advertising material; it being expressly understood and agreed that Company will be solely responsible for all media placement and payment with respect to such marketing and advertising material. To enable Agency to administer and monitor any ongoing obligations, including talent and other payments, Company shall provide to Agency a full and accurate media schedule a reasonable amount of time prior to the date that any such material must be forwarded to the applicable media contact; vii. Pay all charges incurred and assumed by Agency on Company’s behalf in accordance with the terms hereof; viii. Develop and provide Company with concepts for certain significant collateral materials (including but not limited to sales promotion materials, brochures and store signage); and ix. Endeavor to complete all of the foregoing on the most advantageous rates, terms and conditions available. B. In addition to the services indicated in paragraph 0(A) hereof, Agency is prepared to render additional special services to Company in support of the traditional media marketing and advertising. In the event that Company desires to engage Agency to perform such special services, Company and Agency shall execute a separate agreement with respect to said services, and said services will be rendered in accordance therewith. 2. Third Party Agreements. A. In connection with the services enumerated in paragraph 1.A) of the Agreement, Agency may enter into agreements with third parties on Company’s behalf, provided that Agency obtains Company’s written approval prior to making any substantial expenditures on Company’s behalf. Agency shall act as the principal at law and not as the agent of the Client in all its dealings with such third parties and shall be directly responsible to such parties for payment of said third parties fees. B. Agency shall use its reasonable efforts to monitor all such third parties to ensure that all deadlines are met and that all agreed budgets are not exceeded and all necessary consents, clearances and licenses are obtained. C. Agency shall use its reasonable efforts to guard against any loss to Company caused by the failure of any third party to perform in accordance with said third parties’ commitments, but Agency shall not be responsible for any such loss or failure by said third parties’ or any destruction or unauthorized use by others of Company’s property. D. Company agrees to pay Agency for all third party charges incurred by Agency relating to the production and purchase of marketing and advertising materials and programs at Agency’s net cost, subject to the payment terms set forth in paragraph 0). Notwithstanding the foregoing, Company shall remit payment to Agency no later than five (5) days prior to the date which Agency must make payment to the applicable third party. In the event that Agency does not receive payments by the date set forth above, Agency shall have the right to
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