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What should be included in an advertising services agreement?

09.11.2017

What articles are mandatory for a sales agreement?

In the very beginning of the agreement you should state the city, date, full names of the parties and their representatives. After that goes the main body of the agreement:

1. Subject of the agreement: advertising distributor (and/or advertising manufacturer) is to perform a certain range of work (provide certain services) in the quantity and according to the conditions stipulated by the present agreement.

2. Obligations of the advertising manufacturer (distributor). This article must contain detailed information about responsibilities of the agency to the client.

3. Obligations of the advertiser (client). In this article you should state in detail what the client is responsible for and what they must do. For example, they must confirm work plans and samples, provide necessary information and pay for the services.

4. Payment terms. This is a very important article. You should state the amount and currency of payment, payment terms and method (prepayment, payment on completion of works, by bank transfer or in cash and so on).

5. Validity period of the agreement. In this article you should state the date of signing and the period of its validity, whether it is allowed to prolong it and end dates of each work stage. Also you should include the information about conditions and methods of termination.

6. Responsibilities of the parties. In this article you should state that the manufacturer (distributor) is not responsible for the quality of advertised goods (services). Also it should be written here that in case of non-fulfillment or partial fulfillment of the agreement by one of the parties, they are to bear responsibility as set forth by law.

7. Bank information and juridical addresses of the parties.

Below the main body of the agreement there should be space for signatures and stamps of the parties. Like any other agreement, it should be made in two copies. 

Of course the structure of the document outlined here is not full, but rather typical. Agencies can add additional articles, for example, “Settlements of disputes”, “Confidentiality”, “Force majeure”, “Additional (other) conditions” and so on.

You can make appendixes to the agreement for stating some additional or special conditions. For example, you can edit a chapter or an article of the agreement in it, exclude or add some article to the text of the agreement.
Each appendix must have its own number, name, preamble and validity period. Like the agreement itself, the appendixes must be stamped and signed by both parties.

Where do you get an advertisingsales agreement?

There are three options: 

1. Compose it yourself, if you have sufficient juridical background.

2. Find samples in the Internet and customize them according to your needs.

3. Seek help of an attorney.

The last variant is the best, of course: there are less chances of getting into a disputable situation and lose profit in case of force majeure or any in other unpredictable situation.



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