Maximizing the Value of the Brand/Agency Relationship Through Effective Negotiation of Contract Terms

Husch Blackwell Partner James Mathis and his co-presenters discuss negotiation of the advertiser/agency relationship and the Advertising Agency Agreement. As the panel’s lone presenter specializing in the representation of advertisers, Mathis analyzes the biggest hidden factors that in-house counsel should identify before the negotiations to deliver value to their organizations, and identifies the pros, cons and hidden pitfalls of industry trends in agency compensation and how to structure compensation models that align the agency with the advertiser’s goals, and are easy to understand and administer. The panel also discusses how advertisers and agencies can fairly divide responsibilities for risk, avoid patent liability, and build an agreement that aids the advertising process rather than hindering it.