Marketing or advertising agreements

What is a marketing or advertising agreement?

A marketing or advertising agreement is between an advertising and marketing agency and a company (or person) desiring advertising and marketing services. The agreement sets forth the parties’ rights and responsibilities, including the mutually agreed services and what the agency will produce and deliver to the company, and how the agency will enter into third party contracts to produce the company’s marketing or advertising materials.

This document usually contains both standard clauses as well as opportunities for customization to ensure that the understandings of the parties are properly set forth, including relevant milestones and other important provisions.

Do you need an attorney to help review a marketing or advertising agreement?

Consulting with an attorney prior to negotiating a marketing or advertising agreement is the wise thing to do. An attorney can inform you of your rights with respect to intellectual property that may be developed for an example.

Though you may be able to review and negotiate the agreement on your own, it is advisable to consult an attorney to review the contract and help you understand risks, so you can improve your ability to negotiate a better contract.

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