Digital Marketing Agreement: Everything You Need to Know
Creating a digital marketing agreement is essential to protect your rights and the rights of the person you are allowing to promote your product.3 min read
Updated July 14, 2020:
Creating a digital marketing agreement is essential to protect your rights and the rights of the person you are allowing to promote your product. It is important to not simply borrow someone's already created digital marketing agreement for a template. Templates can be created to favor one party or another. Additionally, using another's contract without consent would be considered intellectual property theft.
If you need a template to start from, the best place to get one is by contacting a publishing company or attorney who will often provide you with a template for a small fee. When choosing a lawyer, picking a contract lawyer who has experience in online marketing will provide you with the most comprehensive contract and advice.
The Essential of a Digital Marketing Agreement
While contracts will vary, there are some items that should be included or touched upon in any digital marketing agreement. By including these items, both signing parties will have a clear understanding of what the responsibilities and obligations are under the contract. Some of the items you will want to include are:
- Term - The term section will answer how long the agreement will be in effect.
- Renewal - A statement on whether or not the contract can renew and how the renewal will work.
- Cancellation - The ability to cancel the contract and what would be required to do so.
- Services - A list of the digital marketing services that will be provided under the terms of the contract.
- Compensation - How the marketing services are paid, such as through regular payments or milestone payments.
- Warranties - What type of warranties will be provided for the services rendered?
- Intellectual Property - Which person retains ownership rights over the intellectual property and under what parameters can protected material be used.
- Governing Law - If a dispute arises regarding legal issues, which state law will apply to the contract.
- Dispute Resolution - If a breach of contract occurs and requires the third party for resolutions, what procedures will be utilized.
- Indemnification and Defense - How much liability does the marketer have to defend the client if a third party sues for infringement on the part of the marketer.
Items to Be Included in a Digital Marketing Agreement
There are many sections and items that should be included in a digital marketing agreement. Your agreement should include:
- Definition - Both parties should be defined as well as any key terms that will be used throughout the agreement.
- Services - Services is a detailed section about the services that will be supplied under the contract, including the terms and conditions, obligations and responsibilities, and all restriction of use. This section will also detail the requirements that the marketer is required to follow all state and federal laws.
- Relationship Between the Involved Parties - This section will define the relationship between both parties. It will define the provider as an independent contractor and give the provider the power to supervise and control the performance of employees working on the determined services.
- Failure of Information Delivery - This part of the agreement will require that the customer provides the marketer with the information necessary for them to perform their job and what will occur if the customer fails to provide the information.
- Fees, Expenses, and Invoice - This section will discuss the procedures for invoicing the customer as well as the term of payment and the consulting fees that will be charged. It will also include how and what expenses can be charged.
- Considerations - This part of the contractor will handle additional considerations such as late fees, services fees, and how taxes.
- Records - You will want to include a section about who will be responsible for recordkeeping and what records will be required to be kept.
- Term and Termination - You will need to define the length or term that your contract will be in effect as well as if and when the contract can be terminated and what the procedure should be.
- Proprietary Information - Your contract should include a section that provides for the protection and confidentiality of proprietary information.
If you need help with a digital marketing agreement, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.