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Digital Marketing Agreement Template for United States

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Key Requirements PROMPT example:

Digital Marketing Agreement

"I need a Digital Marketing Agreement for my tech startup to engage a marketing agency for social media management and SEO services, with specific KPIs for increasing our online presence and lead generation over a 12-month period starting January 2025."

Document background
The Digital Marketing Agreement serves as a comprehensive framework for establishing professional relationships in the digital marketing industry. It is essential when engaging marketing agencies or consultants for online promotion and digital presence management. This contract type specifically addresses modern marketing needs including social media, content creation, SEO, and digital advertising while ensuring compliance with U.S. federal and state regulations. The agreement protects both parties by clearly defining responsibilities, deliverables, and success metrics while addressing crucial aspects like data privacy and intellectual property rights.
Suggested Sections

1. Parties: Identification of contracting parties including registered addresses and company details

2. Background: Context of the agreement and brief description of why parties are entering into it

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of digital marketing services to be provided

5. Payment Terms: Fees, payment schedule, and invoicing requirements

6. Term and Termination: Duration of agreement and conditions for termination

7. Intellectual Property Rights: Ownership and usage rights of content and materials

8. Confidentiality: Protection of sensitive information shared between parties

Optional Sections

1. Service Level Agreement: Specific performance metrics and standards - include when specific performance metrics need to be guaranteed

2. International Data Transfer: Provisions for cross-border data handling - include when services involve international data processing

3. Non-Compete: Restrictions on working with competitors - include when protecting against competitive conflicts

4. Force Majeure: Provisions for unforeseeable circumstances - include when long-term services are involved

Suggested Schedules

1. Schedule A - Service Specifications: Detailed breakdown of services and deliverables

2. Schedule B - Fee Schedule: Detailed pricing structure and payment terms

3. Schedule C - KPI Metrics: Performance indicators and measurement criteria

4. Schedule D - Compliance Requirements: Platform-specific rules and regulatory requirements

5. Schedule E - Data Processing Agreement: Specific terms for handling personal data

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses



































Industries

CAN-SPAM Act: Federal law governing email marketing practices, requiring opt-out mechanisms, sender identification, and accurate header information

Federal Trade Commission Act: Primary federal law prohibiting deceptive or unfair advertising and marketing practices in commerce

Children's Online Privacy Protection Act (COPPA): Federal law protecting children's privacy online, requiring parental consent for collecting data from children under 13

Americans with Disabilities Act (ADA): Federal law requiring digital content and websites to be accessible to persons with disabilities

Digital Millennium Copyright Act (DMCA): Federal law addressing copyright protection in the digital age, including safe harbor provisions for online service providers

California Consumer Privacy Act (CCPA): State law providing California residents with rights regarding their personal data collection and use

California Privacy Rights Act (CPRA): Enhanced privacy law expanding CCPA requirements and establishing the California Privacy Protection Agency

FTC Guidelines for Endorsements: Federal guidelines requiring disclosure of material connections between advertisers and endorsers

FTC Guidelines for Native Advertising: Federal guidelines ensuring clear disclosure of paid or sponsored content in digital marketing

Copyright Act: Federal law protecting original works of authorship, including digital content and creative materials

State Contract Laws: State-specific regulations governing contract formation, enforcement, and interpretation

Platform-Specific Terms: Individual requirements and policies set by social media and advertising platforms for marketing activities

GDPR Compliance: EU privacy regulation that may apply to US companies marketing to European audiences

Truth in Advertising Regulations: Federal and state laws requiring advertising claims to be truthful and substantiated

Uniform Commercial Code: Standardized state laws governing commercial transactions, including digital goods and services

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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