Social Media Marketing Agreement Template for Australia

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Key Requirements PROMPT example:

Social Media Marketing Agreement

"I need a Social Media Marketing Agreement for my retail fashion business, starting January 2025, that covers content creation and management across Instagram, TikTok, and Facebook, with strict approval processes and crisis management procedures included."

Document background
The Social Media Marketing Agreement is designed for use in the Australian business context where a company or individual engages a professional marketing service provider to manage their social media presence. This document has become increasingly important as businesses expand their digital presence and require professional management of their social media channels. It covers essential aspects such as service scope, content creation, platform management, performance metrics, intellectual property rights, and compliance with Australian regulations including the Privacy Act 1988 and Competition and Consumer Act 2010. The agreement is particularly relevant given the growing importance of social media in business marketing strategies and the need for clear contractual frameworks that protect both service providers and clients while ensuring regulatory compliance.
Suggested Sections

1. Parties: Identifies and provides details of the service provider (marketing agency) and the client

2. Background: Contextual information about the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

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

5. Term and Termination: Duration of the agreement and conditions for termination

6. Fees and Payment Terms: Pricing structure, payment schedule, and related terms

7. Service Provider Obligations: Key responsibilities and commitments of the marketing agency

8. Client Obligations: Client's responsibilities including provision of materials and approvals

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

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection and Privacy: Compliance with privacy laws and data handling procedures

12. Performance Metrics: KPIs and measurement criteria for marketing activities

13. Reporting Requirements: Frequency and content of performance reports

14. General Provisions: Standard legal clauses including governing law, notices, and amendment procedures

Optional Sections

1. Content Approval Process: Detailed procedures for content review and approval, recommended for clients requiring strict control over social media posts

2. Crisis Management: Procedures for handling social media crises or negative publicity, important for high-profile clients

3. Influencer Engagement: Terms for engaging and managing social media influencers, if influencer marketing is part of the service

4. International Marketing: Additional terms for cross-border social media marketing, needed for international campaigns

5. Training and Support: Terms for providing training to client's staff, if included in the service offering

6. White Labeling: Terms for white-label services where the agency operates under client's brand

7. Non-Compete: Restrictions on working with competing businesses, if required by the client

8. Service Level Agreement: Specific performance standards and response times, for clients requiring strict service levels

Suggested Schedules

1. Schedule A - Service Specifications: Detailed breakdown of social media marketing services, platforms, and activities

2. Schedule B - Fee Structure: Detailed pricing, including rate cards and additional service costs

3. Schedule C - Content Calendar: Template and guidelines for social media content planning

4. Schedule D - Brand Guidelines: Client's branding requirements and social media voice guidelines

5. Schedule E - Reporting Templates: Format and content requirements for regular performance reports

6. Schedule F - Key Personnel: List of key team members and their roles

7. Appendix 1 - Platform-Specific Requirements: Technical specifications and requirements for each social media platform

8. Appendix 2 - Compliance Checklist: List of regulatory requirements and compliance measures

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

Relevant legal definitions
Clauses
Relevant Industries

Retail

E-commerce

Professional Services

Technology

Healthcare

Education

Financial Services

Hospitality

Entertainment

Real Estate

Consumer Goods

Non-profit

Manufacturing

Tourism

Food and Beverage

Relevant Teams

Legal

Marketing

Digital

Communications

Procurement

Business Development

Operations

Compliance

Brand Management

Content Creation

Social Media

Contract Management

Relevant Roles

Marketing Director

Digital Marketing Manager

Social Media Manager

Content Manager

Brand Manager

Marketing Coordinator

Business Development Manager

Communications Manager

Legal Counsel

Contract Manager

Procurement Manager

Chief Marketing Officer

Business Owner

Operations Manager

Account Manager

Digital Strategy Director

Industries
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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