Marketing and advertising is necessary for any business to succeed, but businesses should be wary of the pitfalls with the different types of arrangements and agreements that are available to them.
Advertising ‘Agency’ Agreements
‘Agency’ is a term that is often used in business to describe the wrong thing. Whilst your business may be a PR Agency, a Marketing Agency or an IT Consultation Agency, this does not necessarily mean that you are acting as an ‘Agent’ for your clients or customers – at least in the strict legal sense of the word.
The true legal definition of an Agency is where the Agent can enter into contracts on behalf of the Principal (i.e. one business can enter into a contract, and so legally bind their client). Agency law can be a complex area, and a number of different rules and regulations will apply to any relationship where an Agent / Principal relationship exists. It is therefore crucial that you address the question of what sort of arrangement you have in place from the very outset of your business.
We advise on Marketing Agreements in two different ways:
A comprehensive knowledge of what is and is not permitted in terms of advertising, either above-the-line advertising, which may be governed by bodies such as the Advertising Standards Agency, or below-the-line advertising (i.e. direct marketing), is necessary to be able to give solid and practical advice on what should constitute a Marketing Agreement.
Therefore, choosing the right lawyer is very important. We have a wealth of marketing and advertising experience in this field and will ensure that any Marketing contracts you enter into on behalf of your business, either as a client or an agency responsible for providing the marketing, meets all your expectations and delivers the results you need.