CONTENT AND NATURE OF THE ADVERTISING AGENCY AGREEMENT

CONTENT AND NATURE OF THE ADVERTISING AGENCY AGREEMENT

With the Advertising Agency contract the user instructs the agency to design and produce advertising for its products or services for a consideration in cash. Became established in the industry after World War II Italian practice of models mainly drawn from the Anglo-Saxon, that contract is not covered by specific regulations on the part of our law. Model contracts are published by trade associations, in particular by the UPA (Associated Advertising Users) and dall’AssAP (Italian Association of Full Service Advertising Agencies) respectively collect the most important users and agencies operating in Italy. Their schemes adheres most users-agency contracts are concluded in our country today. From the legal point of view the advertising agency agreement is treated as a “mixed agreement”, in which coexist both elements of the employment contract or of the contract, both of the mandate: the first prevailing in the first phase of the relationship, namely that the creation and realization of the material to be spread, and the second in the second stage, in which the agency is with the media and with suppliers and “manages” the execution of the campaign.

[NOTE: This is an automatic translation]