The Digital Marketing Agency Contract is essential for businesses engaging professional marketing services in the digital space. This U.S.-governed agreement provides a formal framework for the agency-client relationship, detailing specific services, deliverables, and success metrics. It addresses critical aspects such as intellectual property rights, data protection, and compliance with federal regulations including FTC guidelines, CAN-SPAM Act, and state-specific privacy laws. The contract is particularly relevant in today's digital-first business environment, where clear terms and responsibilities are crucial for successful marketing partnerships.
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1. Parties: Identifies the digital marketing agency and the client, including full legal names and addresses
2. Background: Explains the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Services: Detailed description of digital marketing services to be provided
5. Term and Termination: Duration of the agreement and conditions for termination
6. Fees and Payment: Pricing structure, payment terms, and billing procedures
7. Intellectual Property Rights: Ownership and usage rights of content and materials
8. Confidentiality: Protection of sensitive information shared between parties
1. Service Level Agreement: Specific performance metrics and standards - recommended for larger contracts with specific deliverable requirements
2. Data Protection: Specific provisions for handling personal data - essential when handling personal data, especially under GDPR or CCPA
3. Non-Compete: Restrictions on working with competitors - recommended when protecting against competitive conflicts
4. White Labeling: Terms for rebranding services under client's name - necessary when agency services are being resold
1. Schedule A - Scope of Services: Detailed breakdown of specific services and deliverables
2. Schedule B - Fee Schedule: Detailed pricing structure and payment terms
3. Schedule C - Service Level Metrics: Performance indicators and measurement criteria
4. Schedule D - Approved Subcontractors: List of authorized third-party service providers
5. Appendix 1 - Campaign Guidelines: Specific requirements for marketing campaigns
6. Appendix 2 - Reporting Templates: Standard formats for performance reporting
Relevant legal definitions
Agreement
Services
Deliverables
Campaign
Client Materials
Agency Materials
Intellectual Property Rights
Confidential Information
Personal Data
Service Level Requirements
Key Performance Indicators (KPIs)
Marketing Metrics
Digital Assets
Content
Platform
Campaign Period
Effective Date
Initial Term
Renewal Term
Fee Schedule
Business Day
Force Majeure Event
Marketing Strategy
Target Audience
Approved Media
Project Timeline
Change Request
Marketing Budget
Service Credits
Acceptance Criteria
Subcontractors
Third Party Materials
Brand Guidelines
Analytics Data
Marketing Channels
Advertising Standards
Click-Through Rate
Conversion Rate
User Data
Ad Inventory
Services
Deliverables
Campaign
Client Materials
Agency Materials
Intellectual Property Rights
Confidential Information
Personal Data
Service Level Requirements
Key Performance Indicators (KPIs)
Marketing Metrics
Digital Assets
Content
Platform
Campaign Period
Effective Date
Initial Term
Renewal Term
Fee Schedule
Business Day
Force Majeure Event
Marketing Strategy
Target Audience
Approved Media
Project Timeline
Change Request
Marketing Budget
Service Credits
Acceptance Criteria
Subcontractors
Third Party Materials
Brand Guidelines
Analytics Data
Marketing Channels
Advertising Standards
Click-Through Rate
Conversion Rate
User Data
Ad Inventory
Clauses
Services and Scope
Payment Terms
Intellectual Property Rights
Confidentiality
Data Protection
Service Levels
Performance Metrics
Reporting Requirements
Term and Termination
Warranties
Indemnification
Limitation of Liability
Force Majeure
Non-Solicitation
Non-Compete
Compliance with Laws
Change Control
Dispute Resolution
Assignment
Subcontracting
Insurance
Audit Rights
Client Obligations
Agency Obligations
Acceptance Testing
Amendment
Severability
Notices
Governing Law
Entire Agreement
Third Party Rights
Brand Protection
Content Ownership
Platform Access
Campaign Approval
Payment Terms
Intellectual Property Rights
Confidentiality
Data Protection
Service Levels
Performance Metrics
Reporting Requirements
Term and Termination
Warranties
Indemnification
Limitation of Liability
Force Majeure
Non-Solicitation
Non-Compete
Compliance with Laws
Change Control
Dispute Resolution
Assignment
Subcontracting
Insurance
Audit Rights
Client Obligations
Agency Obligations
Acceptance Testing
Amendment
Severability
Notices
Governing Law
Entire Agreement
Third Party Rights
Brand Protection
Content Ownership
Platform Access
Campaign Approval
Relevant Industries
Relevant Teams
Relevant Roles
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