The Digital Advertising Contract serves as a crucial legal framework for businesses engaging in online advertising activities within the Philippine jurisdiction. This document is essential when a company wishes to engage professional digital advertising services for promoting their products or services across digital platforms. The contract incorporates requirements from Philippine legislation including the E-Commerce Act, Data Privacy Act, and Consumer Protection laws, while addressing modern digital advertising needs such as social media marketing, search engine advertising, and programmatic advertising. It provides comprehensive coverage of service specifications, performance metrics, data handling protocols, and intellectual property rights, ensuring both parties have clear understanding of their obligations and deliverables in the digital advertising relationship.
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1. Parties: Identifies the advertising agency/service provider and the client, including their complete legal names, addresses, and registration details
2. Background: Explains the context of the agreement, including the client's advertising needs and the agency's expertise in digital advertising services
3. Definitions: Defines key terms used throughout the contract, including technical digital advertising terminology, metrics, and platform-specific terms
4. Scope of Services: Details the specific digital advertising services to be provided, including platforms, campaign types, and deliverables
5. Campaign Objectives and Metrics: Specifies the agreed-upon performance indicators, target audience, and measurement criteria
6. Payment Terms: Outlines the fee structure, payment schedule, and any performance-based compensation arrangements
7. Data Protection and Privacy: Addresses compliance with Philippine Data Privacy Act and handling of customer data
8. Intellectual Property Rights: Defines ownership and usage rights for all creative content and advertising materials
9. Term and Termination: Specifies the duration of the agreement and conditions for termination
10. Confidentiality: Outlines the handling of confidential information between parties
11. Warranties and Indemnifications: States the guarantees provided by both parties and liability provisions
12. Governing Law and Dispute Resolution: Specifies Philippine law as governing law and outlines dispute resolution procedures
1. Social Media Management: Include when services involve social media platform management and content creation
2. Search Engine Marketing: Include for contracts involving Google Ads or other search engine advertising services
3. Influencer Marketing: Include when services involve collaboration with social media influencers
4. Content Creation Services: Include when the agency is responsible for creating advertising content
5. Third-Party Platform Terms: Include when utilizing specific third-party advertising platforms or tools
6. Crisis Management: Include procedures for handling negative publicity or advertising campaign issues
1. Schedule A - Service Level Agreement: Detailed breakdown of service levels, response times, and performance standards
2. Schedule B - Fee Structure: Detailed pricing, payment terms, and any performance-based bonus structures
3. Schedule C - Campaign Specifications: Technical specifications for different types of digital advertising campaigns
4. Schedule D - Approved Platforms and Channels: List of approved advertising platforms and channels for campaign execution
5. Schedule E - Reporting Templates: Standard templates for campaign performance reporting and analytics
6. Appendix 1 - Data Processing Agreement: Detailed terms for handling personal data in compliance with Philippine regulations
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