Digital Marketing Contract for Philippines

Digital Marketing Contract Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes the terms and conditions for digital marketing services. This contract outlines the scope of digital marketing activities, performance metrics, data privacy compliance requirements under the Philippine Data Privacy Act, and intellectual property rights. It includes specific provisions for various digital marketing channels, payment terms, reporting requirements, and service level agreements while ensuring compliance with Philippine e-commerce and consumer protection laws. The document addresses modern digital marketing practices while incorporating local regulatory requirements and industry standards.

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What is a Digital Marketing Contract?

The Digital Marketing Contract serves as a crucial legal framework for businesses engaging in digital marketing activities in the Philippines. This document is essential when establishing a formal relationship between a digital marketing service provider and a client, whether it's an agency-client relationship or an inter-company agreement. The contract incorporates key provisions required under Philippine law, including compliance with the E-Commerce Act of 2000, Data Privacy Act of 2012, and relevant consumer protection regulations. It outlines specific deliverables, performance metrics, intellectual property rights, data handling procedures, and payment terms while addressing the dynamic nature of digital marketing channels and technologies. The document is designed to protect both parties' interests while ensuring transparency and accountability in digital marketing operations.

What sections should be included in a Digital Marketing Contract?

1. Parties: Identification of the digital marketing service provider and the client, including their complete legal names, addresses, and registration details

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Detailed definitions of technical terms, marketing metrics, and other relevant terminology used in the contract

4. Scope of Services: Comprehensive outline of digital marketing services to be provided, including specific platforms and channels

5. Term and Termination: Duration of the contract, renewal terms, and conditions for termination

6. Payment Terms: Fee structure, payment schedule, and any performance-based compensation

7. Performance Metrics: Key performance indicators (KPIs) and measurement criteria for marketing campaigns

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

9. Data Protection and Privacy: Compliance with Philippine Data Privacy Act and data handling procedures

10. Confidentiality: Protection of confidential information and trade secrets

11. Reporting and Communication: Reporting requirements, frequency, and communication protocols

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

13. Limitation of Liability: Extent and limitations of each party's liability

14. General Provisions: Standard contractual clauses including governing law, dispute resolution, and notices

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

1. Social Media Management: Specific terms for social media platform management, including account access and content approval processes

2. Influencer Marketing: Terms governing influencer collaboration, selection criteria, and compliance with advertising regulations

3. Search Engine Optimization: Specific terms for SEO services, including target metrics and methodology

4. Content Creation: Terms regarding content development, approval processes, and content ownership

5. Email Marketing: Specific terms for email marketing services, including compliance with spam regulations

6. Analytics and Tracking: Details about implementation of tracking tools and analytics reporting

7. Third-Party Tools: Terms regarding the use of third-party marketing tools and platforms

8. Crisis Management: Procedures for handling social media crises or negative publicity

9. Training and Support: Terms for providing training or support to client's internal team

What schedules should be included in a Digital Marketing Contract?

1. Schedule A - Service Level Agreement: Detailed specifications of service levels, response times, and performance standards

2. Schedule B - Fee Structure: Detailed breakdown of fees, payment terms, and performance-based incentives

3. Schedule C - Campaign Specifications: Detailed marketing campaign plans, targets, and timelines

4. Schedule D - Approved Platforms and Tools: List of approved marketing platforms, tools, and third-party services

5. Schedule E - Reporting Templates: Standard templates for regular reporting and performance tracking

6. Schedule F - Brand Guidelines: Client's branding requirements and guidelines for marketing content

7. Appendix 1 - Data Processing Agreement: Detailed terms for handling personal data in compliance with Philippine Data Privacy Act

8. Appendix 2 - Emergency Contact Protocol: List of key contacts and procedures for urgent situations

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

Philippines

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Retail

E-commerce

Technology

Financial Services

Healthcare

Education

Entertainment

Food and Beverage

Real Estate

Tourism and Hospitality

Professional Services

Manufacturing

Consumer Goods

Non-profit Organizations

Telecommunications

Relevant Teams

Marketing

Legal

Procurement

Digital Operations

Content Creation

Social Media

Analytics

Brand Management

Compliance

Business Development

Finance

Information Technology

Relevant Roles

Marketing Director

Digital Marketing Manager

Chief Marketing Officer

Business Development Manager

Social Media Manager

Content Marketing Specialist

SEO Specialist

Digital Analytics Manager

Brand Manager

Marketing Compliance Officer

Legal Counsel

Procurement Manager

Agency Account Manager

E-commerce Manager

Marketing Operations Manager

Industries
Electronic Commerce Act of 2000 (Republic Act No. 8792): Governs electronic data messages, electronic documents, and electronic signatures. Essential for digital marketing contracts as it provides legal recognition of electronic transactions.
Data Privacy Act of 2012 (Republic Act No. 10173): Regulates the collection, processing, and storage of personal information. Crucial for digital marketing activities involving customer data and targeted advertising.
Consumer Act of the Philippines (Republic Act No. 7394): Protects consumer rights and regulates advertising practices, including truth in advertising and marketing claims.
Intellectual Property Code of the Philippines (Republic Act No. 8293): Protects intellectual property rights, crucial for content creation, branding, and digital assets used in marketing campaigns.
Cybercrime Prevention Act of 2012 (Republic Act No. 10175): Addresses cybercrime and online security, relevant for protecting digital assets and preventing unauthorized access to marketing platforms.
Social Media Marketing Guidelines (DTI-ADBOARD): Guidelines from the Department of Trade and Industry regarding social media marketing practices and influencer marketing.
Fair Trade Laws and Competition Act (Republic Act No. 10667): Regulates business competition and prevents unfair trade practices in marketing and advertising.
Price Tag Law (Republic Act No. 71): Requires proper disclosure of prices in advertising and marketing materials, including digital platforms.
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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