Transparency 2.0

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Frankfurt Kurnit Klein & Selz

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Frankfurt Kurnit provides high quality legal services to clients in many industries and disciplines worldwide. With leading practices in entertainment, advertising, IP, technology, litigation, corporate, estate planning, charitable organizations, professional responsibility and other areas — Frankfurt Kurnit helps clients face challenging legal issues and meet their goals with efficient solutions.
Yesterday, the Association of National Advertisers (ANA) released version 2.0 of the ANA Master Media Buying Services Agreement, supplementing the original template issued in 2016.
United States Media, Telecoms, IT, Entertainment

Yesterday, the Association of National Advertisers (ANA) released version 2.0 of the ANA Master Media Buying Services Agreement, supplementing the original template issued in 2016.  The original template was prepared in the wake of the ANA's report on media transparency.  The update contains several substantive changes to the old version.

These changes include new definitions for "affiliates" (to cover agencies' sometimes complex structures), "conflicts of interest" (to cover an agency's investments) and "programmatic media" (to align with the IAB's definition), among others.  It also addresses non-disclosed services, capping the amount of mark-up the media inventory seller ("typically an agency affiliate") can make and addressing mark-ups by multiple affiliates in the supply chain.  Other substantive changes include new language intended to ensure that advertisers have access to transaction data, new brand safety measures, and auditing rights. 

In addition to issuing the new template, the ANA prepared a summary of the material changes.  Both documents can be found here.

The Association of National Advertisers has taken a step toward addressing brands' transparency concerns, updating its contract template for media buying agencies.

https://www.adweek.com/agencies/ana-updates-contract-template-for-media-agencies-to-promote-greater-transparency/

www.fkks.com

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