Which Advertising Agreement?

The two advertising agreement templates available here are in substance very similar: the main difference is in their form.

The website advertising agreement document is in traditional agreement form, and should be signed in hard copies by both parties to the agreement. The website advertising terms document is designed for incorporation into a website, to be accepted by the advertiser during an online application process.

Both the website advertising terms and the website advertising agreement documents have been drafted to protect the interests of the website publisher, rather than the advertiser.

Key Provisions

Advertising Services

While the practical specification of the advertising inventory is set out in a linked document (for example a schedule to the agreement, or a website, or a web registration form), the legal terms relating to the inventory are set out in advertising services section of the agreements.

The advertiser grants to the publisher a limited licence to publish the advertisements, and gives various warranties in relation to the advertisements. In summary, those warranties are as follows:

• that the advertisements are accurate and fair;
• that the advertisements to not include unlawful content or other prohibited content; and
• that the advertisements are of a reasonable quality.