Toolkit: Plan, Launch, and Build

Marketing Services Agreement

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
View entire document as plain text
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

Documents are provided by DocStoc and are not a product of Businessweek editorial

U.S. Has Further to Go for Healthy Economy: Yellen Play

U.S. Has Further to Go for Healthy Economy: Yellen