ADVERTISER AND ADVERTISING AGENCY AGREEMENT

Contract for advertising services made on _______________________(Month & Day), _______ (Year) between ________________________________________ Advertiser (Include Address) referred to as client, and ___________________________________ advertising agency __________ a corporation existing under the laws of the state of _____________________ and located in ____________________________________
___________________________________________________ (Address) to as agency.

SECTION ONE

APPOINTMENT OF AGENCY

Client hires agency, and agency agrees to serve as ______________________________ (the exclusive advertising agency of client or client‘s advertising agency in connection
with the sale of _____________________________ client’s product or service as
provided in this contract).

SECTION TWO

AGENCY INDEPENDENT CONTRACTOR

Agency shall act at all times during the term of this contract as independent contractor.
Nothing contained in this contract shall be construed to create the relation of principal
and agent or employer and employee, between client and agency.

SECTION THREE

PARTIES NOT TO DEAL WITH COMPETITORS
During the term of this contract, agency shall not serve as advertising agency in connection with any product directly competitive with the product or products that agency is advertising for client, without first obtaining client‘s written consent, nor shall client engage any other advertising agency to advertise ____________________ client’s (Product or Service) without first obtaining agency’s written consent.

SECTION FOUR

FEES AND SERVICES

(a) Agency market research, consumer investigations and trade investigations made for the purpose of assisting agency in planning advertising for client shall be made at agency’s expense. Such investigations and research as may be made pursuant to this agreement to secure information for client‘s own use shall be paid for by client, at cost to agency plus a __________ percent service charge.

(b) Agency shall receive a commission of __________ percent of the published rates of owners of media on all space in media purchased by agency for client, except that agency’s commission on outdoor advertising space shall be __________ percent of such purchase price. Agency shall deduct this commission from the published rate for any such space, and shall pay the net sum after this deduction to the owner of the medium in which the space was purchased.

(c) Non-commissionable items purchased by agency on client’s authorization, such as finished art, comprehensive layouts, type composition, talent musical works radio photostats, engravings, printing type setting, preparation of mechanical and television programs, literary, dramatic, and, records and exhibits, shall be billed to client at agency’s cost plus a __________ percent service charge.

(d) Should client desire agency to perform special services involving no commissions to agency from owners of media, such as direct mail advertising, speech writing and publicity and public relations work, agency and client shall, before such services are performed, mutually agree in writing on agency‘s compensation therefore on a straight-time basis.

SECTION FIVE

BILLING AND PAYMENT

Bills for services rendered pursuant to Section Four (b) shall be mailed to client on the ___________________ day of the month in which any such services are performed, and shall be due and payable on _____________________ (Due Date)

If client shall pay any bill for space in media on or before the due date, so as to enable agency to obtain any cash discount offered by owners of such media, agency shall credit client with the full amount of this discount.

SECTION SIX

CLIENT APPROVAL OF WORK AND EXPENDITURES

Agency shall prepare and submit

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