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ISBA Launches Contract that will redefine relationships between advertisers and media agencies
The Framework Agreement for Media Buying & Planning Services was launched April 26 2016 to ISBA members.
ISBA worked closely with their members (450 major brands), expert lawyers and experienced media consultants to surface current key issues, some elements of which were starting to undermine the trust between clients and their media agencies.
They found that many media agency contracts currently in use were lacking in essential detail, especially around digital matters and in particular click fraud, viewability, verification and brand safety, leaving media agencies without a vital brief on client expectations.
Other issues that surfaced, on which brand owners asked for greater contractual clarification, revolved around auditing rights and particularly the rights of brands to choose their own auditors; data ownership; and explicit definitions of agency group and AVB’s/ value pots and free inventory.
The new terms also reflect the broader services now being offered by media agencies, including social media monitoring, simple app and web development, creative and content development etc.
ISBA worked with top city law firm Fieldfisher to create the new terms, supported by five mainstream media consultants (MediaSense, Ebiquity, ID Comms, Firmdecisions, and Financial Progression).
ISBA and the leading media consultants believe that with the media ecosystem getting more complex and potentially more opaque by the day, that it is now more important than ever for advertisers to have a clear and strong contracts with their media agency.
Debbie Morrison, director of consultancy and best practice said:
“Our feedback on the new template terms from major brand owners has been extremely positive as it speaks to all of their major concerns. It’s been 10 years since we last updated our media contract, since that point the market has rapidly evolved and the advertiser community now needs to pay much more attention to protecting and enhancing their rights in this more complex environment. This new framework will give them a great starting point for conversations around the issues and negations with their media agencies”.
Graham Brown, director and founder of global media advisory firm MediaSense, added:
“We are delighted to have supported the development of ISBA’s new media services contract. We believe it sets out a framework for an open and transparent commercial relationship between a client and its media agency. It relates not just to financial transactions but, perhaps more importantly, to data control and access as well. If applied reasonably and responsibly by both parties, it will help to rebuild trust in what should be an important strategic relationship.”
Notes to editors
ISBA sits in a unique position in the marketplace as our whole raison d’etre is, through our work with leading advertisers, to help identify key issues then use this knowledge to provide the client community with practical solutions to help them drive better value from their marketing expenditure.
ISBA - The Voice of British Advertisers
12 Henrietta Street, Covent Garden, London, WC2E 8LH
T: 020 7291 9020 M: 07901 528 980 W: www.isba.org.uk
About ISBA – the Voice of British Advertisers
ISBA (www.isba.org.uk / @isbasays) is the only body focused solely on the interests of advertisers in the UK. With over 450 advertisers in membership representing in excess of £10bn spend on marketing communications, ISBA protects its members’ freedom to advertise responsibly and maximise their effectiveness in deploying their marketing spend.
ISBA is the advertiser member of the UK Advertising Association, and advertisers representative on CAP and BCAP the UK advertising code owning body. We are also active members of the International Chamber of Commerce Advertising and Marketing Commission, and members of the WFA based in Brussels.
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