Agreement Between A Newspaper Publisher And An Advertising Agency For Securing Advertisements Legal Draft Template

ADVERTISING

AGREEMENTTHIS AGREEMENT made

at..on this..day of..20...Between:M/s. ..., a

company incorporated under the Companies Act, 1956 and having its registered

office at ......... hereinafter called "the company", (which

expression, unless it be repugnant to the context or meaning thereof, be deemed

to mean and include its successors and assigns) of the FIRST PARTAndM/s. ..., a

company incorporated under the Companies Act, 1956 and having its registered

office at.. here in after called "the advertising agency" (which

expression, unless it be repugnant to the context or meaning thereof, be deemed

to mean and include its successors and assigns) of the OTHER PART.WHEREAS the company

publishes a newspaper..hereinafter referred to as "the said

newspaper" an English daily in circulation all over India.AND WHEREAS the

company is desirous to appoint advertising agents for securing advertisements

for the said newspaper.AND WHEREAS the

advertising agency has agreed to act as the advertising agents for securing

advertisements for the said newspaper on the terms and conditions hereinafter

mentioned:NOW, THEREFORE, IN

CONSIDERATION OF THE FOREGOING AND THE MUTUAL COVENANTS HEREIN CONTAINED. THE

PARTIES HEREBY AGREE AS FOLLOWS:The company appoints

advertising agency as the agents for securing the advertisements for the

publication in the newspaper I at the rates mentioned in the First Schedule

hereunder written. If the advertising rates are changed by the company, the

company shall deliver the copy thereof to the advertising agency under

registered post.The advertising

agency shall secure such number of advertisements for the company as shall

occupy the space covered by pages of the said newspaper.The Advertising

Agency shall send to the company the matter of each advertisement including

block of the photograph to be included in the advertisement two weeks before

the intended date of publication. The Agency shall also give a statement about

the size of the advertisement, on which dates and on which page of the

newspaper the advertisement will be published.If the advertising

agency books any advertisement in the language other than English, the company

shall make arrangements for translating the same into English without any extra

charge.The advertising

agency will collect the advertisement charges in respect of the advertisements

secured by it and shall remit the same to the company every week. If any

advertisement charges are not recovered for a period of six months from the

date of its publication, the advertising agency shall be liable to pay the same

to the company. However, if the said charges are recovered by the company later

on, the company shall pay the same to the advertising agency.The company shall pay

a commission of..% on the amount, for which the advertisements are secured

by the advertising agency and are published in the said newspaper. The company

shall pay the amount of commission to the advertising agency by tenth of the

next succeeding month in respect of the advertisements secured during a month.

The advertising agency shall be entitled to inspect the accounts of the company

in respect of advertisements published in the said newspaper.The advertising

agency shall not secure advertisements for any other newspaper during the

currency of this Agreement. However, it can act as advertising agency to secure

advertisements for the magazines and journals.The editor of the

said newspaper will have the power to refuse publication of any advertisement

secured by the advertising agency, if in his opinion the said advertisement is

obscene or of such a character that it should not be published in public

interest or if published it will violate the provisions of any law in force. If

the advertising agency is not satisfied with the decision of the editor, the

matter shall be referred to the Managing Director of the Company, whose

decision thereon shall be final and binding on both parties.This Agreement shall

continue in force for a period of..years from the date of these presents.

However, the Agreement may be terminated before the expiry of the period of

.. years by one month's notice in writing delivered by any party to the

other. If the company ceases to publish the said newspaper, this agreement

shall be deemed to be cancelled.If the advertising

agency commits breach of any term of this agreement, the company may terminate

this Agreement and on such termination, the company shall not be liable for any

damages or loss thereunder arising to the advertising agency.The Advertising

Agency shall indemnify and keep indemnified the company against any claim,

loss, costs, charges and expenses made by or incurred by or suffered by the

company on account of breach of copyright in any advertisement or on account of

any advertisement being found defamatory or otherwise objectionable or on any

other ground whatsoever.Any dispute,

difference or claim arising out of or in connection with or incidental to this

Agreement shall be first attempted to be settled by mutual discussion, failing

which the parties shall refer the same to arbitration by an independent

Arbitrator appointed by the Mutual consent of both the parties. The Arbitrator

shall conduct arbitration proceedings in accordance with the Arbitration and

Conciliation Act, 1996 or any amendments thereto. The venue of arbitration

shall be at ...IN WITNESS WHEREOF,

the parties have caused their common seal to be affixed to these presents and a

duplicate thereof, the day and year hereinabove writtenWITNESSES1

The CompanyFor ..()Director2. The

Advertising AgencyFor .()Director