Advertising Contract

Advertising Contract Template for Denmark

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Document background

The Advertising Contract serves as a crucial legal framework for businesses seeking to establish a formal relationship with advertising service providers in Denmark. This document is essential when engaging professional advertising services, whether for specific campaigns or ongoing marketing activities. The contract ensures compliance with Danish marketing laws, including the Marketing Practices Act (Markedsføringsloven) and relevant EU regulations, while clearly defining the scope of services, deliverables, approval processes, and intellectual property rights. It's particularly important for protecting both parties' interests, establishing clear performance metrics, and ensuring regulatory compliance in the Danish market.

Suggested Sections

1. Parties: Identification of the advertising agency and the client, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement, including technical advertising terms and platform-specific terminology

4. Scope of Services: Detailed description of advertising services to be provided, including types of advertising, channels, and campaign specifications

5. Approval Process: Process for client review and approval of advertising materials and campaigns

6. Payment Terms: Fees, payment schedule, invoicing details, and any performance-based compensation

7. Intellectual Property Rights: Ownership and licensing of creative materials, existing IP, and campaign assets

8. Compliance with Laws: Obligations to comply with Danish marketing laws, advertising standards, and data protection regulations

9. Confidentiality: Protection of confidential information exchanged during the advertising relationship

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Liability and Indemnification: Allocation of risks and responsibilities between parties

12. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Digital Marketing Specific Terms: Additional terms for digital advertising, including tracking, analytics, and platform-specific requirements

2. Traditional Media Terms: Specific provisions for print, television, or radio advertising when applicable

3. Performance Metrics: Detailed KPIs and performance measurement criteria when using performance-based compensation

4. Data Processing Agreement: Required when the advertising involves processing of personal data under GDPR

5. Competitor Exclusivity: Terms preventing the agency from working with client's competitors, if required

6. International Campaign Provisions: Additional terms for campaigns running outside Denmark

7. Agency-Client Relationship: Specific terms defining whether the agency acts as principal or agent in media buying

Suggested Schedules

1. Schedule A - Scope of Work: Detailed breakdown of advertising services, deliverables, and timelines

2. Schedule B - Fee Structure: Comprehensive fee schedule, including rate cards and payment terms

3. Schedule C - Campaign Specifications: Technical requirements, target audience, and campaign objectives

4. Schedule D - Brand Guidelines: Client's branding requirements and style guides

5. Schedule E - Approval Matrix: Decision-making hierarchy and approval workflows

6. Schedule F - Service Level Agreement: Performance standards and response times

7. Appendix 1 - Media Plan: Detailed media strategy and placement schedule

8. Appendix 2 - Creative Brief Template: Standard format for campaign briefs and requirements

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