Unique resource for knowledge & experience of Ad agency contractual & financial relationships

David Brocklehurst, the Founder of BROX, has over 25 years of experience in the Contract Compliance audit industry, which has given him a unique knowledge base across various financial and contractual topics related to ad agencies. BROX aims to provide clients with access to this vast wealth of knowledge and expertise to help them identify and solve problems, some of which may not be immediately apparent. David’s passion for working with clients and helping them succeed is infectious and evident in the services offered by BROX.

About Us

BROX is owned and managed by David Brocklehurst, the former Chairman and Founder of the world’s largest independent global ad agency Contract Compliance audit firm, FirmDecisions.

After running Finance departments of ad agencies for 10 years, David founded the FirmDecisions business in 1997, bravely creating a new niche industry that specifically used his unique knowledge of ad agency finances to help advertisers determine if their agency has been honouring their contract. Since that time, David has benefited from more than 25 years of professional development, challenges and enjoyment in working with some amazing clients, and alongside some very impressive & professional staff. 

Many lessons were learnt and decisions taken as the business grew, with new offices being opened around the world to service the increasing client demand, creating the need for the appointment and training of more specialist ex-agency staff.

So, the 25 years experience in creating and developing this specialised field has provided David with a unique knowledge base across many topics in relation to financial and contractual relationships with all types of ad agency. Through BROX, he is now hoping that clients will see the need and the benefit of accessing this vast “wealth” of knowledge and advice. His enjoyment of working with clients and helping them identify and solve their problems (some of which are not even obvious until we get stuck into the weeds) will become obvious and infectious.

THE BROX SERVICES

Many clients typically direct their initial focus on determining the extent of the media agency’s compliance with the Contract. as it has the largest spend. Yet, while clients are choosing to concentrate on the media agency, all other types of agency are not being examined or held to account.  Agencies such as creative, digital, influencer, POS, experiential, activation, sponsorship, PR, coupons, barter, – they all have contracts that need to be checked and yet which are often given low priority.  So, in reading through our list of services outlined below, please keep in mind that these services are relevant and effective across all agency types – not only media agencies.

Although some clients find alternative ways of using our services that may be relevant to their own circumstances or requirements, our standard list of services includes:

Independent advice

Providing independent advice on an ad hoc, “go to” basis for any procurement or marketing staff, such as a sense check of what the agency is telling you. Are they providing correct advice or is it “feathering their own nest”? Or maybe you need some one-off advice about the contract or remuneration? Simply tapping into our years and years of experience and knowledge of contracts and agency operations.

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Contract review

Ensure all contracts are protecting your best interests, especially prior to contract renewal time at the end of the year. If there are Local contracts, are they supportive of the global MSA? Brox provides a review of the existing or proposed contract and recommends or identifies areas where improvements can be inserted, or clauses clarified – or omitted - for the sake of transparency and accountability. While we are not lawyers, we have seen and audited hundreds of contracts and can certainly evaluate the existing content of client contracts and provide relevant and helpful guidance.

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At the request of the WFA in 2021/22, David prepared these Guidelines of 10 Principles to consider when preparing or updating your media agency contract

Training

Training/Educating/Collaborating. This is a broad heading and can cover off a variety of formats, including:

    • how to work with the agency and ensure transparency
    • discuss and educate finance, procurement, marketing, and internal audit on the important elements of the Contract to help them understand the basic underlying purpose of the commercial relationship so that their management of the day to day transactions are fully informed (and not wait for – or only rely upon - the audits). 
    • specific advice for Marketers to ensure they know & understand the basics of the financial terms of their contract (without trying to turn them into accountants)
    • how to manage & reconcile the remuneration (including bonuses)
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Compliance Audit Project management

While each of the below steps can be undertaken independently from each other, we can also manage the whole process on behalf of the client:

    • Prepare and conduct an RFP to seek the most appropriate Contract Compliance audit firm (after our review of your agency contract and discussion to determine your needs, objectives, time frame, etc)
    • Manage the audit & reporting
    • Assist with audit follow up by:
      • Assisting with the recoveries of costs of agency non-compliance
      • Review and discuss any changes required to the contract
    • Run the change management program that will be required to ensure those non-compliant procedures have been eradicated

During this whole process, the client will be involved as much or as little as desired. This can be a great educational opportunity for a client to “learn on the job” so that the next audit can be managed internally with full confidence and with on-going support from BROX.

Or, as everyone is fully occupied with a very long list of priorities nowadays, this can also become a chance to get an important process managed and completed by an expert in this industry, all the while being kept informed with regular updates.

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Replacement of Full Compliance Finance audits with half-yearly, rolling desk audits

Using our purpose-built documentation and knowledge of the markets, we can investigate agency compliance with financial requirements of the contract and develop an understanding of the levels of potential non-compliance. This will lead to spot audits of those agencies where issues are evident and can reduce the costs of having to conduct full contract compliance audits in all (or selected) markets

This will allow the creation of a database and benchmarks across agencies and markets, while also replacing the 2 or 3 yearly Full compliance audits. In so doing, the non-compliance will become identified much earlier than would otherwise be the case through the 2 or 3 year audits

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Preparation & assessment of Audit RFPs.

If the decision has been taken to conduct an audit (or series of audits) of one of your agencies, we have the appropriate knowledge to ensure the RFP is designed to give you the best result. We can then assist with the assessment and interrogation of the submissions being made by the audit firms. This ensures that the audit is designed to reflect your needs and your contract, not simply be a replica of every other audit that is done by that audit firm.

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Post-audit

Most audit firms are restricted to “audits” and not allowed (by the agency) to provide consulting work.  Yet, the audit is only one part of the process that is required to ensure best practices going forward. Once the audit report has been tabled and discussed, we can assist in a variety of ways:

    • The audit will detect shortcomings or issues with your contract. We can assist with a review of the contract and recommend areas for improvement to ensure your best interests are being protected
    • Change management. Rather than filing the report in a drawer, we can work with the agency and client to implement the changes required to prevent that non-compliance from re-occurring.  This ensures that the client gets full value from the audit and that the next audit doesn’t end up presenting the same report because nothing has changed.
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Relationship review

Looking at the working relationship between Marketing, Procurement and the agency. This follows up the report, issued by the ANA, entitled “Procurement 2022: the Good, the Bad and the Ugly”. This report followed a survey which highlighted the differences in perception and reality when it comes to the knowledge and experience of the marketing industry by the procurement staff. A lot of these issues resulted from disconnects and conflicting KPI’s between departments.

We can conduct a review of these relationships to detect areas for improvement that can result in better working practices and outcomes. For many clients, there are often one or two markets that come to mind when considering examples of this disconnect and where this service can help to improve the situation. We have further details available regarding the scope if this service may be of interest.

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Assessment of the existing marcomms relationships

We will examine and critique the client contracts, remuneration, and work flows with the agencies and providing a general report on the extent or effectiveness of financial control over the relationship.

Assistance with a review & consolidation of the agency roster

Some advertisers have an unwieldy number of agencies on their roster, brought about by brand managers appointing those they are most familiar with. We can assist in reviewing these rosters to ensure that you are operating efficiently and productively. Remember, this applies to all types of agency, not just media or creative.

Review of the remuneration models

Review and consider existing remuneration structure and advise on available and appropriate options.

HOW WE CHARGE FOR OUR SERVICES?

Once our scope of work has been defined and agreed, we will provide the client with an estimate of our fees, based on the anticipated time required to complete the task by the nominated BROX staff.

Testimonials

 

I couldn’t recommend David more highly. I have known him over 25 years and he has a superb depth of understanding of the commercial relationships between advertisers and their portfolio of agencies. He was the originator of the agency contract compliance audit 25 plus years ago, which is how I met him, he brought the proposition to me whilst I was director of consultancy at the U.K. advertiser body ISBA and the rest is history. If I was a client I’d want him in my camp.

I worked with David’s Firm Decisions for many years across multiple APAC markets. FD helped us to maintain transparent, high-trust and contract-compliant relationships with our media agencies.  David and his team acted consistently with great integrity. Highly recommended as a trusted advisor.

Contact Information

Call David or email to arrange a meeting, at which time you can explore the ways in which BROX can be of some assistance to your financial relationship with your marcomms suppliers.

Email

info@brox.com.au

Phone

+61 419 873 069

Get In Touch

Feel free to write us an email. We love to hear from our respected customers and our team will try to reply you as soon as possible.

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