Digital Advertising Agreement Template for United States

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Key Requirements PROMPT example:

Digital Advertising Agreement

"I need a Digital Advertising Agreement for my e-commerce startup to engage a digital marketing agency for a six-month social media campaign starting January 2025, with specific performance metrics and data privacy requirements for the EU market."

Document background
The Digital Advertising Agreement serves as a comprehensive framework for digital advertising relationships in the United States market. It is designed to protect both advertisers and service providers by clearly defining responsibilities, deliverables, and performance expectations. This document is essential when engaging in programmatic advertising, social media campaigns, display advertising, or other forms of digital marketing. It addresses crucial aspects such as data privacy compliance, performance measurement, intellectual property rights, and payment terms while ensuring alignment with federal and state regulations.
Suggested Sections

1. Parties: Identifies the contracting parties and their contact information

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Services: Detailed description of advertising services to be provided

5. Payment Terms: Pricing, payment schedule, and billing procedures

6. Term and Termination: Duration of agreement and termination conditions

7. Intellectual Property Rights: Ownership and usage rights of creative materials

8. Confidentiality: Protection of sensitive information

Optional Sections

1. Performance Metrics: Details of KPIs and measurement criteria for advertising campaigns

2. Data Protection: Specific requirements for handling personal data and compliance with privacy laws

3. Service Level Agreement: Specific service standards, performance requirements and remedies

Suggested Schedules

1. Campaign Specifications: Detailed campaign requirements and deliverables

2. Rate Card: Pricing details for different advertising services

3. Creative Guidelines: Technical specifications and brand guidelines

4. Data Processing Agreement: Specific terms for handling personal data

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

Clauses
Industries

FTC Act: Federal Trade Commission Act governing deceptive advertising practices and unfair competition in digital advertising

CAN-SPAM Act: Federal law establishing requirements for commercial email messages and giving recipients the right to opt-out of marketing communications

COPPA: Children's Online Privacy Protection Act regulating the collection of personal information from children under 13 years of age in digital environments

ADA: Americans with Disabilities Act requiring digital content and advertising to be accessible to people with disabilities

CCPA: California Consumer Privacy Act providing California residents with rights regarding their personal data collection and processing in digital advertising

VCDPA: Virginia Consumer Data Protection Act establishing requirements for data protection and privacy in digital activities including advertising

Colorado Privacy Act: State law establishing privacy rights and obligations for businesses handling Colorado residents' personal data in digital operations

FTC Endorsement Guidelines: Federal guidelines requiring disclosure of material connections between advertisers and endorsers in digital advertising

FTC Native Advertising Guidelines: Federal guidelines ensuring clear disclosure of paid or sponsored content in digital advertising formats

DAA Self-Regulatory Principles: Digital Advertising Alliance principles for online behavioral advertising and consumer privacy protection

Copyright Act: Federal law protecting original works of authorship in digital advertising content

Lanham Act: Federal trademark law protecting brands and preventing false advertising in digital media

DMCA: Digital Millennium Copyright Act addressing copyright issues in digital media and providing safe harbor provisions

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

State Data Breach Laws: State-specific requirements for notification and handling of data breaches affecting consumer information

Maryland Digital Advertising Tax: State-specific tax on digital advertising services, serving as an example of emerging state-level digital advertising regulations

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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