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Advertising Agency Agreement

Advertising Agency Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Advertising Agency Agreement

"I need a Hong Kong Advertising Agency Agreement for my tech startup engaging a digital marketing agency from March 2025, focusing mainly on social media and performance marketing, with monthly reporting requirements and clear KPI structures."

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Document background
The Advertising Agency Agreement is essential for businesses in Hong Kong seeking to formalize their relationship with advertising service providers. This document is typically used when a company wants to engage an advertising agency for ongoing marketing and promotional activities, whether for traditional media, digital platforms, or integrated campaigns. The agreement comprehensively covers service scope, creative rights, approval workflows, and commercial terms while ensuring compliance with Hong Kong's advertising regulations, data privacy laws, and consumer protection requirements. It's particularly important for establishing clear deliverables, performance metrics, and accountability in the agency-client relationship, while protecting both parties' interests in the dynamic Hong Kong advertising landscape.
Suggested Sections

1. Parties: Identification of the advertising agency and the client, including registered addresses and company details

2. Background: Context of the agreement and brief description of parties' business and intention to enter into advertising services arrangement

3. Definitions: Key terms used throughout the agreement including Advertising Materials, Campaign, Services, Deliverables, etc.

4. Appointment and Scope: Formal appointment of agency and general scope of advertising services to be provided

5. Agency Services and Obligations: Detailed description of core services, agency responsibilities, and service standards

6. Client Obligations: Client's responsibilities including providing information, approvals, and materials

7. Approval Process: Process for submitting, reviewing, and approving advertising materials and campaigns

8. Fees and Payment: Fee structure, payment terms, expenses, and invoicing procedures

9. Intellectual Property Rights: Ownership and licensing of creative works, existing IP, and campaign materials

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: Compliance with PDPO and handling of personal data

12. Term and Termination: Duration of agreement and circumstances for termination

13. Limitation of Liability: Limits on agency's liability and indemnification provisions

14. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Digital Advertising Services: Specific provisions for digital marketing, social media, and online advertising services

2. Media Buying and Planning: Terms specific to media procurement, planning, and buying services

3. Performance Marketing: Provisions for performance-based advertising including metrics and reporting

4. Talent Management: Terms relating to engagement and management of talent, influencers, or celebrities

5. International Services: Provisions for cross-border advertising services and compliance with international laws

6. Crisis Management: Procedures for handling advertising-related controversies or public relations issues

7. Agency Team: Dedicated team structure and key personnel provisions

8. Competitive Products: Restrictions on agency's work with competing brands or products

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of all advertising services to be provided

2. Schedule 2 - Fee Structure: Comprehensive fee schedule including retainer, project fees, and commission structures

3. Schedule 3 - Service Levels: Key performance indicators, response times, and service standards

4. Schedule 4 - Approval Matrix: Detailed workflow for approvals including timeframes and authorized personnel

5. Schedule 5 - Agency Team: Details of key agency personnel assigned to the account

6. Schedule 6 - Client Brief Template: Standard format for client briefs and requirements

7. Schedule 7 - Reports and Deliverables: List of required reports, frequency, and format of delivery

8. Appendix A - Brand Guidelines: Client's brand guidelines and requirements

9. Appendix B - Media Planning Guidelines: Parameters for media selection and planning

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






































Clauses





































Relevant Industries

Retail

Consumer Goods

Financial Services

Technology

Healthcare

Automotive

Food and Beverage

Telecommunications

Real Estate

Entertainment

Education

Tourism

Professional Services

E-commerce

Relevant Teams

Legal

Marketing

Finance

Procurement

Brand Management

Digital Marketing

Compliance

Creative Services

Media Planning

Account Management

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Procurement Manager

Legal Counsel

Finance Director

Marketing Manager

Account Director

Creative Director

Digital Marketing Manager

Media Planning Director

Compliance Officer

Contract Manager

Agency Relations Manager

Chief Financial Officer

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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