Advertising Agency Agreement Relating to Speculative Work

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Advertising Agreement Relating to Speculative Work between advertiser and ad agency who agrees to create speculative advertising. This agreement sets out the materials provided to agency and how much the advertising agency will be paid.

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This Advertising Agreement Relating to Speculative Work is between an advertiser and an advertising agency who agrees to use certain materials in order to create advertising for use by advertiser. This agreement sets forth the names of the advertiser and ad agency, materials which advertiser has provided and rights of ownership of these materials. It also sets forth how much the agency will be paid in order to create the ad campaign. A written Advertising Agreement Relating to Speculative Work will be invaluable in the event there are disagreements or misunderstandings between the parties surrounding the advertising and marketing campaign prepared by the agency.

This Advertising Agreement Relating to Speculative Work contains the following:
  • Parties: Name of the advertiser and the ad agency;
  • Materials: Ad agency will provide advertiser creative materials for advertiser's consideration in marketing and advertising plans;
  • Transfer of Rights: Sets out that ad agency will assign and transfer all rights and title in the materials to advertiser;
  • Payment: Advertiser agrees to pay agency a specified amount (including creative fee, costs and expenses) within a set number of days of presentation of the materials;
  • Signatures: Both advertiser and advertising agency must sign this agreement.

Protect your rights and property by using our attorney-prepared forms.

This attorney-prepared packet contains:
  1. General Instructions
  2. Advertising Agreement Relating to Speculative Work
State Law Compliance: This form complies with the laws of all states
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Advertising Agency Agreement
Relating to Speculative Work

 

 
THIS AGREEMENT made as of [Date of Agreement (ie. July 31, 2002)] by and between [Name of Advertiser] of [Address of Advertiser] (the "Advertiser") and [Name of Advertising A\gency] of [Address of Advertising Agency] (the "Agency").
WHEREAS:
(A)   the Agency has  to present creative materials (the "Materials") for consideration by the Advertiser, and the Advertiser desires to consider the Materials for use in its advertising and marketing plans; and
(B)   the Advertiser and the Agency desire to set forth the rights of ownership and rights to use the Materials;
NOW THEREFORE in consideration of the recitals, the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows::
1.   The Agency hereby assigns and transfers to the Advertiser all its right, title and interests in and to the Materials, including all rights of ownership and rights of use of the Materials, and agrees that from and after the date of this Agreement, the Materials will be the sole and exclusive property of the Advertiser and the Advertiser will be free to use the Materials without the further consent of or compensation to the Agency. The Agency agrees that it will not make any further use whatsoever of the Materials without the expressed written consent of the Advertiser, other than that portion of the Materials which are in the public domain.
2.   The Advertiser agrees to pay to the Agency, within ten (10) days following the presentation of the Materials by the Agency to the Advertiser, the aggregate of the following amounts:
(a)   all of the Agency's costs and expenses related to the presentation of the Materials to the Advertiser, in the amount of $[Specify Amount of Costs and Expenses]; and
(b)   a Creative Fee of $[Specify amount of Creative Fee].
3.   The Agency agrees to execute such further documents as the Advertiser may require in order to transfer any rights of ownership in the Materials to the Advertiser.
4.   The Agency warrants and represents that the Materials are free and clear of any claims by third parties and that it has full right and authority to transfer ownership of the Materials to the Advertiser. If there are any restrictions on Advertiser's use or ownership of the Materials, Agency will notify the Advertiser at the time of presentation. Any such limitations so noticed will not be subject to this warranty or representation.
5.   In the event the Agency breaches any warranty or representation made by the Agency contained in this Agreement, the Agency agrees to indemnify and hold the Advertiser harmless from and against any costs, expenses, attorney's fees or other damages that may be incurred by the Advertiser on account of such breach.
6.   This Agreement is sets forth the entire agreement between the parties relating to the subject matter hereof and stands in the place of any previous agreement, whether oral or in writing. The parties agree that no amendment to this Agreement shall be binding upon the parties unless it is in writing and executed by both parties.
7.   This Agreement shall enure to the benefit of and be binding upon the respective heirs, executors, administrators and assigns of each of the parties hereto.
IN WITNESS WHEREOF the parties have set their respective signatures on the day and date first noted above.
 
 
 
 
 
 
[NAME OF ADVERTISER]
 
 
 
 
 
 
[NAME OF AGENCY]
 
Number of Pages4
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#29010
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Advertising Agency Agreement
Relating to Speculative Work

 

 
THIS AGREEMENT made as of [Date of Agreement (ie. July 31, 2002)] by and between [Name of Advertiser] of [Address of Advertiser] (the "Advertiser") and [Name of Advertising A\gency] of [Address of Advertising Agency] (the "Agency").
WHEREAS:
(A)   the Agency has  to present creative materials (the "Materials") for consideration by the Advertiser, and the Advertiser desires to consider the Materials for use in its advertising and marketing plans; and
(B)   the Advertiser and the Agency desire to set forth the rights of ownership and rights to use the Materials;
NOW THEREFORE in consideration of the recitals, the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows::
1.   The Agency hereby assigns and transfers to the Advertiser all its right, title and interests in and to the Materials, including all rights of ownership and rights of use of the Materials, and agrees that from and after the date of this Agreement, the Materials will be the sole and exclusive property of the Advertiser and the Advertiser will be free to use the Materials without the further consent of or compensation to the Agency. The Agency agrees that it will not make any further use whatsoever of the Materials without the expressed written consent of the Advertiser, other than that portion of the Materials which are in the public domain.
2.   The Advertiser agrees to pay to the Agency, within ten (10) days following the presentation of the Materials by the Agency to the Advertiser, the aggregate of the following amounts:
(a)   all of the Agency's costs and expenses related to the presentation of the Materials to the Advertiser, in the amount of $[Specify Amount of Costs and Expenses]; and
(b)   a Creative Fee of $[Specify amount of Creative Fee].
3.   The Agency agrees to execute such further documents as the Advertiser may require in order to transfer any rights of ownership in the Materials to the Advertiser.
4.   The Agency warrants and represents that the Materials are free and clear of any claims by third parties and that it has full right and authority to transfer ownership of the Materials to the Advertiser. If there are any restrictions on Advertiser's use or ownership of the Materials, Agency will notify the Advertiser at the time of presentation. Any such limitations so noticed will not be subject to this warranty or representation.
5.   In the event the Agency breaches any warranty or representation made by the Agency contained in this Agreement, the Agency agrees to indemnify and hold the Advertiser harmless from and against any costs, expenses, attorney's fees or other damages that may be incurred by the Advertiser on account of such breach.
6.   This Agreement is sets forth the entire agreement between the parties relating to the subject matter hereof and stands in the place of any previous agreement, whether oral or in writing. The parties agree that no amendment to this Agreement shall be binding upon the parties unless it is in writing and executed by both parties.
7.   This Agreement shall enure to the benefit of and be binding upon the respective heirs, executors, administrators and assigns of each of the parties hereto.
IN WITNESS WHEREOF the parties have set their respective signatures on the day and date first noted above.
 
 
 
 
 
 
[NAME OF ADVERTISER]
 
 
 
 
 
 
[NAME OF AGENCY]
 
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