As an advertising agency, it is important to have a solid agreement in place with your clients. A well-crafted agreement can protect both parties and ensure that the relationship is built on clear expectations and guidelines. This article will provide a sample advertising agency agreement and discuss important terms to include in such an agreement.

Sample Advertising Agency Agreement

[Advertiser Name], referred to as „client,“ and [Agency Name], referred to as „agency,“ agree to the following terms:

1. Services

The agency agrees to provide advertising services to the client, including but not limited to, creating and producing advertising campaigns, media placement, and marketing strategy development. The client agrees to provide the agency with all necessary information and materials to perform these services.

2. Term and Termination

This agreement will begin on [Start Date] and will continue until terminated by either party with [Notice Period] days` written notice. Upon termination, the agency will deliver all advertising materials to the client and provide a final invoice for any outstanding fees.

3. Fees and Payment Terms

The client agrees to pay the agency [Fee Amount] for the agreed-upon services. Payment will be due [Payment Terms], and the client will be responsible for any expenses incurred by the agency on behalf of the client. Failure to pay invoices within [Payment Period] days may result in the agency suspending services until payment is received.

4. Ownership and Use of Intellectual Property

Any intellectual property developed by the agency in connection with this agreement will belong to the client upon full payment of all fees. The client grants the agency a non-exclusive, royalty-free license to use any such intellectual property for the purpose of promoting the agency`s services.

5. Confidentiality

Both parties agree to keep all information disclosed during the course of this agreement confidential and not disclose it to any third party without prior written consent.

6. Indemnification

The client agrees to indemnify and hold harmless the agency and its employees from any claims or damages resulting from the client`s use of the agency`s services.

7. Governing Law and Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the State of [State], and any disputes arising from this agreement shall be resolved in the courts of [City/County], [State].

Important Terms to Include in an Advertising Agency Agreement

In addition to the terms outlined in the sample agreement, there are several other important terms to consider including:

– Scope of Work: Clearly define the services that the agency will provide and any deadlines or milestones that need to be met.

– Performance Metrics: Determine how the success of the advertising campaign will be measured, whether it`s through clicks, conversions, or other metrics.

– Limitations of Liability: Establish the maximum amount of damages that either party can be held liable for in the event of a dispute or breach of agreement.

– Intellectual Property Rights: Define ownership and use rights for any intellectual property developed in connection with the agreement, including trademarks, copyrights, and patents.

– Non-Solicitation: Prohibit either party from soliciting the other party`s employees or customers for a specified period of time after the agreement ends.


Having a well-drafted advertising agency agreement is essential to ensure a successful relationship with your clients. By including the necessary terms outlined in this article, you can establish clear expectations and guidelines that protect both parties. Be sure to consult with an experienced attorney to ensure that your agreement complies with all relevant laws and regulations.