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Digital Marketing Services Contract for the United States

Digital Marketing Services Contract Template for United States

A Digital Marketing Services Contract is a legally binding agreement used in the United States that establishes the terms and conditions between a digital marketing service provider and their client. The contract outlines the scope of digital marketing services, deliverables, payment terms, performance metrics, and compliance requirements with U.S. digital marketing regulations, including FTC guidelines, privacy laws, and advertising standards. It provides protection for both parties while ensuring clarity in service delivery and expectations.

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Digital Marketing Services Contract

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What is a Digital Marketing Services Contract?

The Digital Marketing Services Contract is essential for businesses engaging in digital marketing activities within the United States. This contract type is specifically designed to address the complex nature of digital marketing services, including social media management, content creation, SEO, PPC advertising, and email marketing campaigns. It incorporates necessary provisions for compliance with U.S. digital marketing regulations, data privacy laws, and advertising standards. The document is particularly important in today's digital-first business environment, where clear definition of deliverables, performance metrics, and service expectations is crucial for successful marketing partnerships.

What sections should be included in a Digital Marketing Services Contract?

1. Parties: Identification of service provider and client with full legal names and addresses

2. Background: Context and purpose of the digital marketing services agreement

3. Definitions: Key terms used throughout the agreement including technical marketing terms

4. Scope of Services: Detailed description of digital marketing services to be provided including channels, campaigns, and deliverables

5. Payment Terms: Fees, payment schedule, billing procedures, and expenses policy

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

7. Intellectual Property Rights: Ownership and usage rights of marketing materials, content, and campaign assets

8. Confidentiality: Protection of confidential information and trade secrets

9. Compliance with Laws: Obligations to comply with marketing, advertising, and privacy regulations

10. Representations and Warranties: Guarantees regarding service quality and compliance with laws

11. Limitation of Liability: Limits on liability and indemnification provisions

What sections are optional to include in a Digital Marketing Services Contract?

1. Service Level Agreement: Specific performance metrics, response times, and service standards for larger contracts

2. International Data Transfer: Provisions for handling cross-border data transfers when dealing with international clients

3. White Labeling: Terms for rebranding services under client's name for agency relationships

4. Non-Solicitation: Restrictions on hiring or soliciting employees from either party

5. Change Control: Procedures for managing changes to services or deliverables

What schedules should be included in a Digital Marketing Services Contract?

1. Service Description Schedule: Detailed breakdown of specific marketing services, channels, and deliverables

2. Rate Card: Pricing details for various services and additional work beyond scope

3. KPI Schedule: List of key performance indicators and measurement criteria for campaigns

4. Data Processing Agreement: Terms for handling personal data in compliance with privacy laws including CCPA

5. Platform Access Schedule: Details of digital marketing platforms and tools to be used and access rights

Authors

Alex Denne

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

Jurisdiction

United States

Document Type

Agency Agreement

Cost

Free to use
Clauses



































Industries

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

FTC Guidelines: Federal Trade Commission guidelines governing advertising and marketing practices, ensuring truthful and non-deceptive marketing communications

COPPA: Children's Online Privacy Protection Act regulating the collection and use of personal information from children under 13 years old

ADA: Americans with Disabilities Act requirements for web accessibility in digital marketing content and websites

Federal Copyright Act: Law protecting original works of authorship, including digital content, graphics, and marketing materials

Lanham Act: Federal trademark law protecting against trademark infringement and false advertising in marketing communications

CCPA: California Consumer Privacy Act providing California residents with rights regarding their personal data collection and use in marketing

GDPR Compliance: European Union's General Data Protection Regulation considerations when marketing services might reach EU residents

FTC Endorsement Guidelines: Specific rules governing testimonials, influencer marketing, and disclosure requirements in digital advertising

Truth in Advertising Rules: FTC regulations requiring advertising claims to be truthful and substantiated

State Consumer Protection Laws: Various state-specific laws protecting consumers from deceptive marketing practices and unfair business conduct

FTC Act Section 5: Prohibition against unfair or deceptive practices in commerce, including digital marketing activities

UCC: Uniform Commercial Code provisions affecting commercial contracts and transactions

E-SIGN Act: Electronic Signatures in Global and National Commerce Act validating electronic signatures and records in commercial transactions

DMCA: Digital Millennium Copyright Act addressing copyright issues in digital environment, including content takedown procedures

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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