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This is an agreement for Social Media Retainer. This Social Media Marketing Agreement has 4 Sample layout. Especially, you can use it for your Digital Marketing Agency.
This is an agreement for Social Media Retainer. This Social Media Marketing Agreement has 4 Sample layout. Especially, you can use it for your Digital Marketing Agency.
In the INTERNATIONAL COMMERCIAL AGENCY AGREEMENT TEMPLATE the agent receives payment exclusively through commission on transactions which are completed successfully.
PARTNERSHIP DEED AGREEMENT FORMAT
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Fizetos modell szerzodes 2017 TonyphotoTolnai László
Modellszerződés fotózáshoz. Szabályozza a modell és a fotós kép felhasználási lehetőségeit, jogait. Ebben az esetben a fotós fizet díjat a fotómodellnek.
Vallalkozasi szerzodes fotozashoz 2017 TonyphotoTolnai László
Rendezvényfotózás, céges esemény fotózása, konferencia fotózás, party fotózás rögzített feltételekkel. Mindkét fél - fotográfus és megrendelő - részére kölcsönös előnyökkel.
The INTERNATIONAL SERVICES AGREEMENT TEMPLATE is used for the supply of a wide range of services in international markets such as business management, information technology or advertising.
FRANCHISE AGREEMENT FORMAT
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INTERNATIONAL JOINT VENTURE CONTRACT - Contract Template and SampleGlobal Negotiator
The International Joint Venture (www.globalnegotiator.com) governs the relationship between two companies based in different countries, and which set up a third company (the Joint Venture).
CONTRACTOR AGREEMENT FORMAT
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In the INTERNATIONAL COMMERCIAL AGENCY AGREEMENT TEMPLATE the agent receives payment exclusively through commission on transactions which are completed successfully.
PARTNERSHIP DEED AGREEMENT FORMAT
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Fizetos modell szerzodes 2017 TonyphotoTolnai László
Modellszerződés fotózáshoz. Szabályozza a modell és a fotós kép felhasználási lehetőségeit, jogait. Ebben az esetben a fotós fizet díjat a fotómodellnek.
Vallalkozasi szerzodes fotozashoz 2017 TonyphotoTolnai László
Rendezvényfotózás, céges esemény fotózása, konferencia fotózás, party fotózás rögzített feltételekkel. Mindkét fél - fotográfus és megrendelő - részére kölcsönös előnyökkel.
The INTERNATIONAL SERVICES AGREEMENT TEMPLATE is used for the supply of a wide range of services in international markets such as business management, information technology or advertising.
FRANCHISE AGREEMENT FORMAT
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INTERNATIONAL JOINT VENTURE CONTRACT - Contract Template and SampleGlobal Negotiator
The International Joint Venture (www.globalnegotiator.com) governs the relationship between two companies based in different countries, and which set up a third company (the Joint Venture).
CONTRACTOR AGREEMENT FORMAT
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Sample Independent Contractor AgreementThis Agreement is mad.docxrtodd599
Sample Independent Contractor Agreement
This Agreement is made between ____________________ ("Client") with a principal place of business at __________________ and _______________ ("Contractor"), with a principal place of business at ____________________________.
1. Services to Be Performed
Contractor agrees to perform the following services: _____________
OR
Contractor agrees to perform the services described in Exhibit A, which is attached to this Agreement.
2. Payment
In consideration for the services to be performed by Contractor, Client agrees to pay Contractor at the following rates: ____________________________.
Contractor shall be paid within a reasonable time after Contractor submits an invoice to Client. The invoice should include the following: an invoice number, the dates covered by the invoice, and a summary of the work performed.
3. Expenses
Contractor shall be responsible for all expenses incurred while performing services under this Agreement. This includes automobile, truck, and other travel expenses; vehicle maintenance and repair costs; vehicle and other license fees and permits; insurance premiums; road, fuel, and other taxes; fines; radio, pager, or cell phone expenses; meals; and all salary, expenses, and other compensation paid to employees or contract personnel the Contractor hires to complete the work under this Agreement.
OR
Client shall reimburse Contractor for the following expenses that are attributable directly to work performed under this Agreement: _________________.
Contractor shall submit an itemized statement of Contractor's expenses. Client shall pay Contractor within 30 days after receipt of each statement.
4. Vehicles and Equipment
Contractor will furnish all vehicles, equipment, tools, and materials used to provide the services required by this Agreement. Client will not require Contractor to rent or purchase any equipment, product, or service as a condition of entering into this Agreement.
5. Independent Contractor Status
Contractor is an independent contractor, and neither Contractor nor Contractor's employees or contract personnel are, or shall be deemed, Client's employees. In its capacity as an independent contractor, Contractor agrees and represents, and Client agrees, as follows
[Check all that apply]
[ ] Contractor has the right to perform services for others during the term of this Agreement.
[ ] Contractor has the sole right to control and direct the means, manner, and method by which the services required by this Agreement will be performed. Contractor shall select the routes taken, starting and quitting times, days of work, and order the work is performed.
[ ] Contractor has the right to hire assistants as subcontractors or to use employees to provide the services required by this Agreement.
[ ] Neither Contractor nor Contractor's employees or contract personnel shall be required to wear any uniforms provided by Client.
[ ] The services required by this Agreement shall be perfor.
The standardized service agreement to build fair and strong relationships between people and companies.
Customize the document & have it e-signed:
https://www.and.co/the-freelance-contract
A Common Standard
Fair and secure work relationships need a contract. Not having one is dangerous for both parties and can lead to misunderstandings, false expectations and ultimately lost time and money.
But starting new work by discussing worst case scenarios can be a tough way to kick things off. That’s why a standard is needed.
AND CO and The Freelancers Union have created a standardized service agreement to help strong, fair work relationships get off the ground quickly.
PART IDirections Please review the License Agreement below .docxodiliagilby
PART I
Directions
: Please review the License Agreement below and answer the questions.
Please apply APA format in text citing, reference list, and double-space.
Limit your word count to 2,000 words.
Please visit the Academic Resource Center for help with APA format.
If applicable, include arguments from each side.
If a criminal case exists, you would present arguments from the prosecutor and the defense attorney.
If it is a civil case, then you would argue as a plaintiff and defense lawyer.
Be sure that your answers respond to the questions.
Do not restate the problem in your answer. Mention the facts where relevant to your analysis. If you are asked for a recommendation, be sure to include one, but do not fail to consider counterarguments.
If your answer depends upon essential information not set forth in the question, state what that information is and how it affects your answer.
If facts are missing in your argument, please state what facts would be pertinent to each party’s case; also list any facts or information that could potentially damage a party’s case.
Read the questions carefully and attempt to answer each directly.
Clear, well-organized, and concise writing will be rewarded.
If there are ambiguities in the questions, discuss the ambiguity and how it impacts your answer.
You may consult your text, lecture notes, or outlines that you have personally prepared.
License Agreement:
License Agreement
This License Agreement is entered into between ABC, LLC, a California limited liability company (“Company”), and XYZ, Inc. a Nevada corporation (“
Customer
”) (collectively, the “Parties,” or individually, a “Party”).
This License Agreement is effective as of the date of last signature (“Effective Date”).
For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:
1.
Definitions
Unless the context of a provision herein otherwise requires, words importing the singular shall include the plural and vice-versa.
The words “include,” “includes” or “including” shall mean include without limitation, includes without limitation or including without limitation.
As used in this Agreement (as defined below), the following terms have particular meanings as defined below.
“Agreement”
means this License Agreement, together with all related exhibits, orders and amendments.
“Confidential Information”
means (i) information disclosed by a Party relating to the Services (as defined below), product development strategy and activity, marketing strategy, corporate assessments and strategic plans, either present or future; pricing, financial and statistical information, accounting information, identity of and information regarding the Parties to this Agreement, suppliers, employees, investors, or customers; software, source code, systems, processes, designs, schematics, methods, techniques, algorithms, formulae, inventions, discoveries, policies, guidelin.
CLIENT CONTRACTOR AGREEMENT FORMAT
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Form of Representative Agreement (Purchase this doc, Text: 08118887270 (Whats...GLC
Form of Representative Agreement, , to Purchase this doc, visit this link:
https://sdkpermit.company.site/products/Representative-Agreement-Template-p524912038
[INSERT TITLE HERE] 1Homework 3PART IDirections Pleas.docxdanielfoster65629
[INSERT TITLE HERE] 1
Homework 3
PART I
Directions: Please review the License Agreement below and answer the questions. Please apply APA format in text citing, reference list, and double-space. Limit your word count to 2,000 words. Please visit the Academic Resource Center for help with APA format.
If applicable, include arguments from each side. If a criminal case exists, you would present arguments from the prosecutor and the defense attorney. If it is a civil case, then you would argue as a plaintiff and defense lawyer. Be sure that your answers respond to the questions. Do not restate the problem in your answer. Mention the facts where relevant to your analysis. If you are asked for a recommendation, be sure to include one, but do not fail to consider counterarguments. If your answer depends upon essential information not set forth in the question, state what that information is and how it affects your answer. If facts are missing in your argument, please state what facts would be pertinent to each party’s case; also list any facts or information that could potentially damage a party’s case.
Read the questions carefully and attempt to answer each directly. Clear, well-organized, and concise writing will be rewarded. If there are ambiguities in the questions, discuss the ambiguity and how it impacts your answer. You may consult your text, lecture notes, or outlines that you have personally prepared.
License Agreement:
License Agreement
This License Agreement is entered into between ABC, LLC, a California limited liability company (“Company”), and XYZ, Inc. a Nevada corporation (“Customer”) (collectively, the “Parties,” or individually, a “Party”). This License Agreement is effective as of the date of last signature (“Effective Date”).
For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:
1. Definitions
Unless the context of a provision herein otherwise requires, words importing the singular shall include the plural and vice-versa. The words “include,” “includes” or “including” shall mean include without limitation, includes without limitation or including without limitation. As used in this Agreement (as defined below), the following terms have particular meanings as defined below.
“Agreement” means this License Agreement, together with all related exhibits, orders and amendments.
“Confidential Information” means (i) information disclosed by a Party relating to the Services (as defined below), product development strategy and activity, marketing strategy, corporate assessments and strategic plans, either present or future; pricing, financial and statistical information, accounting information, identity of and information regarding the Parties to this Agreement, suppliers, employees, investors, or customers; software, source code, systems, processes, designs, schematics, methods, techniques, algorithms, formulae, inventions, discoveries.
Tree Doctors, Inc., is an established tree-care and tree removal company located in Toronto, Ontario. http://www.yellowpages.ca/bus/Ontario/Etobicoke/Tree-Doctors/8174930.html
Tree Doctors, Inc., is a tree-care company located in Toronto, Ontario. We perform a wide range of tree services, including tree removal, tree planting.
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CA NOTES ON RISK, RETURN AND PORTFOLIO PRACTICALS OF STRATEGIC FINANCIAL MODE...Kanoon Ke Rakhwale India
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RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
1. Contract of an Advertising Agency
AGREEMENT
By and Between
[name and address of advertising agency] (“Agency”),
AND
[name and address of client] (“Client”).
1. Appointment
Client appoints Agency as Client’s [exclusive]lxx advertising agency in connection with the
products and/or services of Client described in Schedule 1, attached hereto, for a term
(“Term”) as hereinafter provided.
2. Scope of Advertising Services
Agency will provide Client with the advertising services provided in Schedule 2, attached
hereto. Should Client request Agency to perform additional services beyond what is provided
in Schedule 2, Agency and Client will negotiate in good faith with respect to the terms,
conditions, and compensation for such additional services. lxxi Any agreement for additional
services will be set forth in writing and considered an addendum to this Agreement.
3. Ownership
All campaigns, trademarks, service marks, slogans, artwork, written materials, drawings,
photographs, graphic materials, film, music, transcriptions, or other materials that are subject
to copyright, trademark, patent, or similar protection (collectively, the “Work Product”)
produced by Agency are the property of the Client provided: (1) such Work Product is accepted
in writing by the Client within twelve (12) months of being proposed by Agency; and (2) Client
pays all fees and costs associated with creating and, where applicable, producing such Work
Product. Work Product that does not meet the two foregoing conditions shall remain Agency’s
property.
Notwithstanding the foregoing, it is understood that Agency may, on occasion, license
materials from third parties for inclusion in Work Product. In such circumstances, ownership
of such licensed materials remains with the licensor at the conclusion of the term of the
license. In such instances, Client agrees that it remains bound by the terms of such licenses.
Agency will keep Client informed of any such limitations.
4. Term
The term of this Agreement shall commence on the date provided in Schedule 1
(“Commencement Date”) and shall continue until terminated by either party upon ninety (90)
days’ prior written notice (“Notice Period”), provided that this Agreement may not be
terminated effective prior to the expiration of twelve (12) months from the Commencement
Date. lxxiii Notice shall be deemed given on the day of mailing or, in case of notice by
2. telegram, on the day it is deposited with the telegraph company for transmission. During the
Notice Period, Agency’s rights, duties, and responsibilities shall continue.
Upon termination, Agency will transfer and/or assign to Client: (1) all Work Product in Agency’s
possession or control belonging to Client, subject, however, to any rights of third parties; and
(2) all contracts with third parties, including advertising media or others, upon being duly
released by Client and any such third party from any further obligations. Client recognizes that
Agency is a signatory to certain union agreements covering talent used in broadcast materials,
which generally cannot be assigned except to signatories to such collective bargaining
agreements governing the services rendered by such talent.lxxiv
5. Compensation and Billing Procedure
Agency will be compensated and Client will be billed as provided in Schedule 3, attached
hereto.
6. Confidentiality and Safeguard of Property
Client and Agency respectively agree to keep in confidence, and not to disclose or use for its
own respective benefit or for the benefit of any third party (except as may be required for the
performance of services under this Agreement or as may be required by law), any information,
documents, or materials that are reasonably considered confidential regarding each other’s
products, business, customers, clients, suppliers, or methods of operation; provided, however,
that such obligation of confidentiality will not extend to anything in the public domain or that
was in the possession of either party prior to disclosure. Agency and Client will take reasonable
precautions to safeguard property of the other entrusted to it, but in the absence of negligence
or willful disregard, neither Agency nor Client will be responsible for any loss or damage.
7. Indemnities
Agency agrees to indemnify and hold Client harmless with respect to any claims or actions by
third parties against Client based upon material prepared by Agency, involving any claim for
libel, slander, piracy, plagiarism, invasion of privacy, or infringement of copyright, except
where any such claim or action arises out of material supplied by Client to Agency.lxxv
Client agrees to indemnify and hold Agency harmless with respect to any claims or actions by
third parties against Agency based upon materials furnished by Client or where material
created by Agency is substantially changed by Client. Information or data obtained by Agency
from Client to substantiate claims made in advertising shall be deemed to be “materials
furnished by Client.” Client further agrees to indemnify and hold Agency harmless with respect
to any death or personal injury claims or actions arising from the use of Client’s products or
services.
8. Commitments to Third Parties
All purchases of media, production costs, and engagement of talent will be subject to Client’s
prior approval. Client reserves the right to cancel any such authorization, whereupon Agency
will take all appropriate steps to effect such cancellation, provided that Client will hold Agency
harmless with respect to any costs incurred by Agency as a result.
If at any time Agency obtains a discount or rebate from any supplier in connection with
Agency’s rendition of services to Client, Agency will credit Client or remit to Client such
discount or rebate.
3. For all media purchased by Agency on Client’s behalf, Client agrees that Agency shall be held
solely liable for payments only to the extent proceeds have cleared from Client to Agency for
such media purchase; otherwise, Client agrees to be solely liable to media (“Sequential
Liability”). Agency will use its best efforts to obtain agreement by media to Sequential
Liability.lxxvi
9. Amendments
Any amendments to this Agreement must be in writing and signed by Agency and Client.
10. Notices
Any notice shall be deemed given on the day of mailing or, if notice is by telegram, e-mail, or
fax, on the next day following the day notice is deposited with the telegraph company for
transmission, or e-mailed or faxed.
11. Governing Law and Jurisdiction. The Parties agree that this Agreement shall be governed
by the State and/or Country in which both Parties do business. In the event that the Parties
do business in different States and/or Countries, this Agreement shall be governed by
_________ law.
IN WITNESS WHEREOF, Agency and Client have executed this Agreement.
[AGENCY]
By:
Name:
Title:
[CLIENT]
By:
Name:
Title:
Endnotes:
lxx Depending upon the nature of the relationship, an agency may be appointed as an
advertiser’s exclusive advertising agency in general or connection with a particular
assignment. While such exclusivity is not common, it is appropriate in some instances.
lxxi It is important that the advertising agency and advertiser understand the scope of the
services to be provided. If appropriate attention is not paid to this issue, advertisers may find
themselves quite disappointed at what the advertising agency is willing or capable of doing
within the compensation structure.
lxxii Ownership of creative is a major issue, particularly creative that is either rejected or
not used by the advertiser. Some advertisers, particularly when they are paying the agency
on a fee basis as opposed to a media commission basis, take the position that everything
presented to the advertiser, whether accepted or used, is owned by the advertiser. Advertising
agencies, on the other hand, contend that their stock in trade is ideas and their execution. If
4. rejected or not used by an advertiser, the creative should therefore be owned by the
advertising agency. This form attempts to reach a compromise. Whether such a compromise
is appropriate in a particular deal will depend upon the needs of the respective parties.
lxxiii There is some question whether a ninety day cancellation period or a one year
minimum term is standard. Depending upon the nature and complexity of the assignment,
however, such terms may be appropriate. Caution must be exercised by both parties with
regard to the cancellation period to be certain that work in process can be completed in the
time frame provided. In that regard, ninety days is generally regarded as an appropriate
period, although it is not unusual to see sixty or even forty five day periods. The one year
minimum is appropriate where there is a considerable lead time before advertising will be
produced or where an advertising agency must make a significant investment in materials,
equipment, and personnel to properly service the advertiser. A minimum term of one year
may be necessary to insure a proper ramp up and return on investment for the advertising
agency.
lxxiv Not all advertising agencies are signatory to union agreements dealing with the
employment of actors in commercials. Where an advertising agency is not a signatory, this
paragraph should be eliminated.
lxxv The indemnity in this form generally follows the insurance coverage available to
advertising agencies. Some advertisers demand a broader indemnity. While such a demand
may seem prudent, one must remember that most advertising agencies are small businesses
that can afford only just so much insurance. Significant claims beyond their insurance
coverage will more likely than not bankrupt the advertising agency. Therefore, an advertiser
must be realistic in its indemnity demands.
lxxvi This is a somewhat controversial provision. “Sequential Liability” is not an established
legal principle. It is a concept adopted by the American Association of Advertising Agencies in
the 1990’s. A significant portion of the media industry has rejected the concept, taking the
position that the advertising agency and advertiser are jointly and severally liable ( a concept
that is similarly rejected by the advertising industry).
Schedule 1: Products/Services Assigned to Agency
Schedule 2: Commencement Date and Scope of Services
I. Commencement Date: [supply]
II. Scope of Serviceslxxvii
A. Study Client’s products or services;
B. Analyze Client’s present and potential markets;
C. Create, prepare, and submit to Client for approval, advertising ideas and programs;
D. Employ on Client’s behalf, Agency’s knowledge of available media and means that can
be profitably used to advertise Client’s products or services;
5. E. Prepare and submit to Client for approval, estimates of costs of recommended
advertising programs;
F. Write, design, illustrate, or otherwise prepare Client’s advertisements, including
commercials to be broadcast, or other appropriate forms of Client’s message;
G. Order the space, time, or other means to be used for Client’s advertising, endeavoring
to secure the most advantageous rates available;
H. Properly incorporate the message in mechanical or other form and forward it with
proper instructions for the fulfillment of the order;
I. Check and verify insertions, displays, broadcasts, or other means used, to such degree
as is usually performed by advertising agencies; and
J. Audit invoices for space, time, material preparation, and services.
Endnotes:
lxxvii This is a relatively comprehensive list of potential advertising agency services and
should be reviewed and edited according to the nature of the relationship and assignment.
Schedule 3: Compensation and Billing Procedures
I. Compensationlxxviii
A. Client will pay a [monthly]lxxix fee of $__________ in consideration of the advertising
services performed by Agency. Such fee shall be deemed a nonrefundable advance against
commissions to be received by Agency as follows:
(1) On all media purchased by Agency, Agency shall bill Client at the published card rates, or
negotiated rates, as may be applicable. If no agency commission, or less than [insert amount]
percentlxxx ([insert amount]%) agency commission (the “Commission Rate”), is granted or
allowed on any such purchases, Client agrees that Agency may invoice Client an amount
which, after deduction of Agency’s cost, will yield Agency the aforesaid Commission Rate of
such amount as Agency commission. During the Notice Period following notice of termination,
Agency will be entitled to commissions on all orders of advertising in print media whose
published closing dates fall within the Notice Period and of broadcast media where the air
dates fall within the Notice Period, regardless of who may place such orders.
(2) With respect to the engagement of talent, Agency shall bill Client the authorized
engagement rate, plus any taxes, insurance, pension and health fund contributions, etc.
applicable thereto, plus an amount which, after deduction of Agency’s cost, will yield Agency
the Commission Rate on such amount as Agency commission.
(3) On broadcast production, artwork, engravings, type compositions, and any and all art and
mechanical expenses incurred by Agency pursuant to Client’s authorization, Agency shall
invoice Client an amount which, after deduction of Agency’s cost, will yield Agency the
Commission Rate on such amount as Agency commission.
(4) Advances against commissions will be reconciled against commissions actually received on
a (monthly, quarter-annual, or other) basis. Agency will issue the appropriate credit or debit
invoices.
6. B. Client agrees to reimburse Agency for such cash outlays as Agency may incur, such as
forwarding and mailing, telephoning, telegraphing, and travel, in connection with services
rendered in relation to Client’s account.
II. Billing and Payment Procedures
A. Agency will invoice Client for all media and third-party costs sufficiently in advance of
the due date to permit payment by Client to Agency in order to take advantage of all available
cash discounts or rebates.
B. The cost of production materials and services shall be billed by Agency upon
completion of the production job, or upon receipt of supplier invoice prior thereto.
C. On all outside purchases other than for media, Agency will attach to the invoice proof
of billed charges from suppliers.
D. All invoices shall be rendered on or about the first day of each month and will be
payable the tenth day of the month.
E. Invoices shall be submitted in an itemized format. Interest will be charged on overdue
invoices at a rate of [insert amount] percent ([insert amount]%) per annum, or the maximum
permitted by law, whichever is less.
Endnotes:
lxxviii This form assumes a compensation method whereby the advertising agency receives
a minimum monthly fee against which commissions are applied. This is a relatively common
manner in which to compensate an advertising agency. There are, however, many variations
of this theme, e.g., fee only, hourly rates, incentive, or commission only and just about any
combination thereof.
lxxix While monthly is common, the period of payment can be longer, e.g., quarterly.
lxxx 15% is a common commission paid, although the rate is under constant challenge and
can no longer be described as the “norm”. It is not uncommon to see commissions as low at
10%. Advertisers that are paying on commission must be realistic and be certain that their
commission rate affords the advertising agency an appropriate profit margin to insure that the
quality of the work is not adversely affected by a losing relationship.