It is now more important than ever for advertisers to have a clear, strong and transparent contract with their media agency. The media landscape has become much more complex and the methods of buying and selling media, with the advent of programmatic trading, have become harder to understand and in many cases opaque!
To reflect the massive changes this market has undergone, ISBA has produced a new contemporary framework agreement to guide our members who are reviewing or developing their own terms with media agencies. Launched in April, the contract is in a new revolutionary form and addresses critical transparency issues surrounding media agency operations.
The Framework has been designed to help you review, refresh and up-date your terms and vitally, bring added protection on a growing list of issues, including:
- Accountability and transparency which has been heightened and tightened rights across the entire contract
- Content, viewability, click fraud and Brand safety of on-line ads: new clauses to better direct the agency on acceptable / industry practice, avoiding illegals sites, reporting criteria, avoidance of wasted costs
- Impact of Agency Group deals / neutrality of strategy: ensuring that deals with media vendors do not impact or influence the agencies’ choice of media for the client
- Performance and financial audits – extending audit rights: ensuring that clients have the right to audit up the food chain to Group level and 3rd, 4th & 5th parties to the contract, where ‘group’ deals sit which may be invisible to the local / individual agencies; ensuring the client has the right to choose their own auditor, not one dictated by the agency
- Data ownership: ensuring clients own the rights to data created through their buy, essential for auditing purposes in particular – we could envisage a point in time where agencies would try to sell this data back to the client community for auditing purposes!
- Rebates - AVB’s, Value Pots & free inventory: ensuring the client receives all rebates due to them related to their contribution to trading, whether in the form of free-inventory, financial kick-backs, added services etc.
The Framework agreement is now available to download. Simply contact Grazina for your copy and the accompanying Drafting Notes:
Request your copy >
For a thorough review of the background and key elements in the new Framework Agreement, watch video content from the May 2016 launch event here >