Social Media Marketing Agreement for the United Kingdom

Social Media Marketing Agreement Template for England and Wales

A Social Media Marketing Agreement is a legally binding contract governed by the laws of England and Wales that establishes the terms and conditions between a social media marketing service provider and their client. The agreement covers essential aspects such as service scope, deliverables, performance metrics, content ownership, confidentiality, and compliance with UK advertising and data protection regulations. It provides clear guidelines for social media campaign management, content creation, and performance reporting while protecting both parties' interests.

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What is a Social Media Marketing Agreement?

The Social Media Marketing Agreement is designed for businesses operating under English and Welsh law who require professional social media marketing services. This document is essential when engaging a marketing agency or consultant to manage social media presence, create content, and execute marketing campaigns. It addresses key aspects including service scope, intellectual property rights, data protection compliance, performance metrics, and payment terms. The agreement ensures clarity in responsibilities while incorporating necessary safeguards for both parties, particularly regarding UK GDPR compliance and advertising standards.

What sections should be included in a Social Media Marketing Agreement?

1. Parties: Identifies the contracting parties and their details

2. Background: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Services: Details the social media marketing services to be provided

5. Payment Terms: Specifies fees, payment schedule, and billing arrangements

6. Term and Termination: Sets out duration and termination provisions

7. Intellectual Property Rights: Addresses ownership and usage of content and materials

8. Confidentiality: Protects confidential information of both parties

What sections are optional to include in a Social Media Marketing Agreement?

1. Performance Metrics: Defines KPIs and success metrics when specific performance targets are required

2. Influencer Guidelines: Specific rules for influencer partnerships when influencer marketing is part of the scope

3. Crisis Management: Procedures for handling social media crises, recommended for high-profile accounts or sensitive industries

4. Geographic Restrictions: Territory-specific requirements when marketing is targeted to specific regions

What schedules should be included in a Social Media Marketing Agreement?

1. Service Level Agreement: Detailed breakdown of services and response times

2. Content Calendar Template: Format for planning and scheduling content

3. Brand Guidelines: Client's branding requirements and restrictions

4. Rate Card: Pricing for different services and additional work

5. Reporting Template: Format for performance reporting and analytics

6. Platform-Specific Guidelines: Requirements for each social media platform

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Marketing Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Industries

UK GDPR and Data Protection Act 2018: Primary legislation governing the processing, handling, and protection of personal data in the UK, including requirements for data collection, processing, and storage in social media marketing activities

Privacy and Electronic Communications Regulations (PECR) 2003: Regulations specifically governing electronic communications, including rules about cookies, email marketing, and electronic communications privacy

Consumer Protection Regulations 2008: Legislation protecting consumers from unfair trading practices, including misleading marketing and advertising on social media platforms

CAP Code: UK Code of Non-broadcast Advertising and Direct & Promotional Marketing, providing guidelines for advertising standards and marketing communications

Copyright, Designs and Patents Act 1988: Legislation protecting intellectual property rights, crucial for content creation and sharing on social media platforms

Trade Marks Act 1994: Legislation governing the use of trademarks, important for brand protection and marketing activities on social media

Electronic Commerce Regulations 2002: Regulations governing electronic business transactions and commercial communications, including social media marketing activities

Competition Act 1998: Legislation ensuring fair competition and preventing anti-competitive practices in marketing and advertising

Platform-Specific Requirements: Individual social media platform terms of service, advertising policies, and content guidelines that must be adhered to

ASA Guidelines: Advertising Standards Authority guidelines specific to social media and influencer marketing, including disclosure requirements for sponsored content

Financial Services and Markets Act 2000: Specific requirements for marketing financial products and services through social media channels

Common Law Contract Principles: Fundamental principles of contract law including offer, acceptance, consideration, and intention to create legal relations

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts, ensuring balance and fairness in commercial agreements

Age Restriction Regulations: Various laws and regulations governing age-restricted content and marketing to minors on social media platforms

International Marketing Considerations: Requirements for cross-border marketing activities and geographic targeting in social media campaigns

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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