Title: Oregon Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency: A Comprehensive Guide Introduction: When it comes to establishing a contractual agreement between an advertiser and an advertising agency in Oregon, it is crucial to consider a variety of factors to ensure a fair and mutually beneficial relationship. This checklist aims to provide you with a thorough understanding of matters to be considered while drafting a contract between an advertiser and an advertising agency in Oregon. It covers key aspects like scope of work, compensation, intellectual property, termination clauses, and confidentiality, among others. 1. Scope of Work: — Clearly define the advertiser's goals and objectives for the advertising campaign. — Specify the precise services that the advertising agency will provide. — Enumerate the target audience, geographic reach, and specific platforms to be used for advertising. 2. Compensation: — Detail the financial terms, including the agency's fees, payment schedule, and any additional costs (e.g., media buying, production, or third-party services). — Address how changes to the campaign scope will be handled and if any additional costs may arise. 3. Term and Termination: — Establish the duration of the contract, including an initial term and possible renewal options. — Specify conditions under which either party can terminate the contract. — Outline the procedure for resolving disputes or disagreements. 4. Intellectual Property: — Address ownership rights of creative materials, such as advertisements, trademarks, copyrights, or slogans. — Determine if any pre-existing intellectual property will be used and how it will be licensed or assigned. 5. Confidentiality: — Establish protocols for handling confidential information shared by either party during the agreement. — Outline restrictions on disclosing or using proprietary information. — Define the responsibilities of both parties to ensure confidentiality is maintained. 6. Indemnification: — Define the liability and responsibility of each party for any claims, damages, or losses arising from the advertising campaign. — Determine the extent of indemnification and any insurance requirements. 7. Performance Metrics and Reporting: — Specify the specific metrics or key performance indicators (KPIs) to be used for measuring the effectiveness of the campaign. — Determine how often and in what format the agency will provide reports on the campaign's progress. 8. Client Approval Process: — Describe the process for obtaining approvals for creative concepts, advertising materials, or campaign strategies. — Set a timeline for review and response. Additional Types of Oregon Checklist of Matters to be Considered in Drafting a Contract Between Advertiser and Advertising Agency: 1. Digital Advertising Specific Checklist: — Include provisions for digital advertising platforms, online display ads, social media campaigns, and search engine marketing. — Address issues like data privacy, retargeting, cookies, and behavioral tracking. 2. Broadcast Advertising Specific Checklist: — Detail the specifications and regulations related to television, radio, or podcast advertising in Oregon. — Cover matters such as commercial clearance, content standards, and compliance with the FCC guidelines. 3. Print Advertising Specific Checklist: — Address concerns related to newspaper, magazine, or outdoor advertising campaigns. — Consider issues like print material specifications, ad placement, and publication schedules. Conclusion: Drafting a well-structured contract between an advertiser and an advertising agency is crucial for a successful partnership in Oregon. This comprehensive checklist covers numerous important aspects to be considered, ensuring that both parties' interests are protected and setting the foundation for a productive collaboration. By addressing these matters in a transparent and detailed manner, the contract can foster a healthy business relationship while mitigating potential conflicts or misunderstandings.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.