Marketing Media Buying Contract
This Marketing Media Buying Contract (hereinafter referred to as the "Contract") is entered into as of the _____ day of ________________, 20, (hereinafter referred to as the "Effective Date"). This Contract is by and between [Your Company Name], a corporation organized and existing under the laws of the State/Country of [State/Country], with its principal place of business located at [Address] (hereinafter referred to as the "Client"), and [Media Buying Agency's Name], a corporation organized and existing under the laws of the State/Country of [State/Country], with its principal place of business located at [Address] (hereinafter referred to as the "Agency").
Both Client and Agency may be referred to individually as a "Party" and collectively as the "Parties."
WHEREAS, Client is engaged in [Brief Description of Client's Business], and is interested in availing itself of certain media buying services, as described herein;
WHEREAS, Agency is in the business of providing media buying services, including but not limited to planning, purchasing, and managing media inventory, and has the expertise and resources to provide such services;
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
I. Scope of Services
A. Media Buying Services
Agency agrees to plan, purchase, and manage media inventory on behalf of Client according to the specifications detailed in Exhibit A, attached hereto and incorporated herein.
B. Approval
All media purchases made under the purview of this Contract shall be subject to the Client’s prior written approval. No media space, time, or other inventory shall be bought, reserved, or otherwise committed by the Agency without receiving explicit confirmation in writing from an authorized representative of the Client.
II. Payment
A. Fees
Client agrees to pay the Agency a fee for all services rendered, as detailed in Exhibit B attached to this Contract. The fee structure may include but is not limited to a commission-based system, flat-rate payments, or performance-based bonuses.
B. Invoices
Agency shall submit invoices to the Client on a monthly basis for services rendered. Payment for each invoice is expected to be completed by the Client within 30 days from the date of receipt of the invoice.
III. Term and Termination
A. Term
This Contract shall commence on the Effective Date and shall continue in full force until terminated by either party with 30 days written notice.
B. Termination for Cause
Either party may terminate this Contract immediately for material breach, provided that written notice is given.
IV. Confidentiality
A. Non-Disclosure
Both parties agree not to disclose any confidential information obtained during the execution of this Contract.
V. Representations and Warranties
A. Accuracy
Agency warrants that all media purchased will be accurately represented and agrees to rectify any inaccuracies at its own cost.
VI. Limitation of Liability
A. Indemnity
Both parties agree to indemnify each other against all losses incurred due to failure to adhere to the terms of this Contract.
VII. Miscellaneous
A. Entire Agreement
This Contract contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
B. Amendments
Any amendments to this Contract must be in writing and signed by both parties.
C. Governing Law
This Contract is governed by the laws of the State of [State/Country].
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the Effective Date.
____________________
[Client's Name]
____________________
[Agency's Name]
Exhibit A: Scope of Services
Exhibit B: Fee Schedule
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