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The Agency of Record Agreement is a critical document used when a company decides to formalize a long-term relationship with an advertising or marketing agency as their primary service provider. This agreement, structured under Australian law, establishes the agency as the official representative for the company's advertising and marketing activities. It typically includes comprehensive details about service scope, authority levels, compensation structures, performance metrics, and compliance requirements with Australian advertising standards and regulations. The document is essential for businesses seeking to maintain consistency in their marketing efforts while ensuring clear accountability and governance in their agency relationships. It addresses key aspects such as media buying, creative services, digital marketing, and strategic planning, while incorporating necessary provisions for data protection, intellectual property rights, and consumer law compliance within the Australian legal framework.

1. Parties: Identifies the principal and the agency, including full legal names and addresses

2. Background: Sets out the context of the agreement, including the principal's business and need for agency services

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Establishes the agency's appointment and defines the scope of services

5. Term and Renewal: Specifies the initial term and any renewal provisions

6. Agency Services: Details the core services to be provided by the agency

7. Agency Authority: Defines the extent and limitations of the agency's authority to act on behalf of the principal

8. Principal's Obligations: Outlines the principal's responsibilities and commitments

9. Fees and Payment Terms: Details the fee structure, payment terms, and invoicing procedures

10. Intellectual Property Rights: Addresses ownership and usage rights of creative works and materials

11. Confidentiality: Covers confidentiality obligations and handling of sensitive information

12. Data Protection and Privacy: Addresses compliance with privacy laws and data handling requirements

13. Performance Reviews: Establishes KPIs and review processes

14. Termination: Sets out termination rights and procedures

15. Post-Termination Obligations: Describes obligations that survive termination

16. General Provisions: Includes standard boilerplate clauses