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Media Acquisition Services Agreement

MEDIA ACQUISITION SERVICES AGREEMENT

Article 1 – Parties

…………………….. (Company) and …………………… (Service Provider), together referred to as the “Parties”.


Article 2 – Subject

The subject of this agreement is the provision by the Service Provider of media planning, media buying, bonus unit management, advertising material placement, and related reporting services for films and campaigns determined by the Company


Article 3 – Scope of Service

  1. The Service Provider will handle media acquisitions on behalf of the Company across television, film, digital platforms, outdoor and print media.

  2. Bonus units with full transparency .

  3. The Service Provider may not make any media purchases.

📌 Supreme Court 11th Civil Chamber, Case No. 2015/13985, Decision No. 2017/6354: An advertising agency cannot make decisions independently of the client; its purchasing authority is limited.


Article 4 – Confidentiality

  1. The Service Provider will treat the Company's campaign plans, budget details, and strategic information as Confidential Information and will not share them with third parties

  2. This obligation continues for an additional 5 years after the contract expires.


Article 5 – Intellectual Property Rights

  1. All creative materials created within the scope of the campaign are the property of the Company in accordance with Law No. 5846 on Intellectual and Artistic Works.

  2. The Service Provider may use this work as a "reference" in its portfolio only with written permission.

📌 Supreme Court 11th Civil Chamber, Case No. 2018/3121, Decision No. 2020/4560: Copyright of creative works prepared by an agency belongs to the agency, not the brand, unless explicitly stipulated in the contract.


Article 6 – Time Limit

The contract commences on …./…./…. and is valid for … years. Unless either party gives notice of termination, it will automatically be extended for one-year periods.


Article 7 – Fees and Commissions

  1. The Service Provider will receive a commission of %… on the gross media cost for media purchases.

  2. Payment will be made within … days of the invoice date.

  3. No commission can be charged for bonus units.


Article 8 – Responsibilities

  1. The Service Provider shall act as a prudent merchant in order to obtain the most favorable price in media purchases (Turkish Commercial Code, Article 18).

  2. Each party is responsible for fulfilling its contractual obligations, except in cases of force majeure.

  3. Any administrative fines arising from misleading or deceptive advertising will be borne by the Service Provider if they result from media purchases made without the Company's written consent.


Article 9 – Termination

  1. Either party may terminate the contract by giving 30 days' prior written notice.

  2. The confidentiality and intellectual property provisions remain in effect even after termination.


Article 10 – Resolution of Disputes

In case of dispute, the Istanbul Central Courts and Enforcement Offices have jurisdiction. For international campaigns, the ICC Arbitration Clause may be added.

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