Maryland Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency

• Category: Contracts - Advertising
• State: Multi-State
• Control #: US-13313BG
• Format: Word; Rich Text

Description

As the title indicates, this form is a checklist of matters to be considered in drafting a contract between an advertiser and an advertising agency. Maryland Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency: 1. Scope of Work: Clearly outline the specific deliverables and services that the advertising agency is expected to provide for the advertiser, including the duration and dates of the campaign. 2. Compensation and Payment Terms: Define the payment structure, including the fees, retainer amounts, and any additional costs that may be incurred during the campaign. Specify the payment schedule and any penalties for late payments or non-payment. 3. Intellectual Property Rights: Address the ownership and usage rights of any creative materials, trademarks, intellectual property, or data that may be developed or utilized during the campaign. Determine the extent of exclusivity, licensing, and permissions. 4. Confidentiality and Non-Disclosure: Establish provisions to protect sensitive information shared between the advertiser and advertising agency. Clearly define the obligations for maintaining confidentiality and the consequences of any unauthorized disclosure. 5. Termination and Dispute Resolution: Define the circumstances and procedures for terminating the contract, including any notice periods or penalties. Specify how disputes will be addressed, whether through mediation, arbitration, or litigation. 6. Performance Metrics: Identify the key performance indicators (KPIs) that will be used to measure the success of the campaign and the criteria for evaluating the agency's performance. Determine the reporting frequency and format. 7. Indemnification and Liability: Clarify each party's responsibilities for any potential breaches, damages, or claims arising from the campaign. Specify the limits of liability and obligations to indemnify and hold harmless. 8. Compliance with Laws and Regulations: Ensure that the advertising agency will comply with all applicable local, state, and federal laws, regulations, and industry standards in their advertising efforts. Address any specific legal requirements or restrictions. 9. Duration and Renewal: Define the initial term of the contract and any provisions for automatic renewal or extension. Specify the renegotiation process and conditions for changing or terminating the contract upon renewal. 10. Miscellaneous Provisions: Include any additional clauses or provisions that may be relevant to the specific relationship between the advertiser and advertising agency, such as force majeure, governing law, assignment, or amendment clauses. Types of Maryland Checklists for Contract Drafting: 1. Maryland Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency for Traditional Media Advertising (TV, radio, print) 2. Maryland Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency for Digital Advertising (online, social media, mobile) 3. Maryland Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency for Influencer Marketing Campaigns 4. Maryland Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency for Event Sponsorship Agreements.

Maryland Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency: 1. Scope of Work: Clearly outline the specific deliverables and services that the advertising agency is expected to provide for the advertiser, including the duration and dates of the campaign. 2. Compensation and Payment Terms: Define the payment structure, including the fees, retainer amounts, and any additional costs that may be incurred during the campaign. Specify the payment schedule and any penalties for late payments or non-payment. 3. Intellectual Property Rights: Address the ownership and usage rights of any creative materials, trademarks, intellectual property, or data that may be developed or utilized during the campaign. Determine the extent of exclusivity, licensing, and permissions. 4. Confidentiality and Non-Disclosure: Establish provisions to protect sensitive information shared between the advertiser and advertising agency. Clearly define the obligations for maintaining confidentiality and the consequences of any unauthorized disclosure. 5. Termination and Dispute Resolution: Define the circumstances and procedures for terminating the contract, including any notice periods or penalties. Specify how disputes will be addressed, whether through mediation, arbitration, or litigation. 6. Performance Metrics: Identify the key performance indicators (KPIs) that will be used to measure the success of the campaign and the criteria for evaluating the agency's performance. Determine the reporting frequency and format. 7. Indemnification and Liability: Clarify each party's responsibilities for any potential breaches, damages, or claims arising from the campaign. Specify the limits of liability and obligations to indemnify and hold harmless. 8. Compliance with Laws and Regulations: Ensure that the advertising agency will comply with all applicable local, state, and federal laws, regulations, and industry standards in their advertising efforts. Address any specific legal requirements or restrictions. 9. Duration and Renewal: Define the initial term of the contract and any provisions for automatic renewal or extension. Specify the renegotiation process and conditions for changing or terminating the contract upon renewal. 10. Miscellaneous Provisions: Include any additional clauses or provisions that may be relevant to the specific relationship between the advertiser and advertising agency, such as force majeure, governing law, assignment, or amendment clauses. Types of Maryland Checklists for Contract Drafting: 1. Maryland Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency for Traditional Media Advertising (TV, radio, print) 2. Maryland Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency for Digital Advertising (online, social media, mobile) 3. Maryland Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency for Influencer Marketing Campaigns 4. Maryland Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency for Event Sponsorship Agreements.