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Online Marketing Agreement

Online Marketing Agreement Template for United States

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Key Requirements PROMPT example:

Online Marketing Agreement

"I need an Online Marketing Agreement for my e-commerce startup to engage a digital marketing agency for social media management and SEO services, with a budget of $5,000 per month starting March 2025, including specific performance metrics for organic traffic growth."

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Document background
The Online Marketing Agreement is essential for businesses engaging in digital marketing activities within the United States. This document establishes the legal framework for marketing services, addressing critical aspects such as digital advertising compliance, data protection, and service delivery standards. It's particularly relevant given the complex regulatory environment surrounding online marketing, including FTC regulations, privacy laws, and platform-specific requirements. The agreement protects both service providers and clients by clearly defining responsibilities, deliverables, and performance expectations while ensuring compliance with applicable federal and state laws.
Suggested Sections

1. Parties: Identification of the contracting parties, including legal names and addresses

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

3. Definitions: Key terms used throughout the agreement

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

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

6. Compensation: Payment terms, fees, and billing arrangements

7. Compliance Requirements: Regulatory compliance obligations and advertising standards

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

9. Confidentiality: Protection of proprietary information and trade secrets

Optional Sections

1. Performance Metrics: Specific KPIs and reporting requirements - use when performance-based compensation or specific metrics tracking is required

2. International Marketing Provisions: Additional requirements for cross-border marketing - use when marketing activities extend beyond US borders

3. Data Processing Agreement: Specific terms for handling personal data - use when significant personal data processing is involved

4. Service Level Agreement: Specific performance standards and response times - use for complex campaigns requiring specific service levels

Suggested Schedules

1. Schedule A - Service Description: Detailed breakdown of marketing services and deliverables

2. Schedule B - Fee Schedule: Detailed pricing and payment terms

3. Schedule C - Campaign Calendar: Timeline of marketing activities and deadlines

4. Appendix 1 - Compliance Checklist: Specific regulatory requirements and compliance standards

5. Appendix 2 - Reporting Templates: Standard formats for performance reporting

6. Appendix 3 - Brand Guidelines: Client's branding requirements and specifications

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Industries

FTC Regulations: Federal Trade Commission regulations including FTC Act (15 U.S.C. ยงยง 41-58), FTC's Endorsement Guidelines, and Truth in Advertising regulations governing unfair or deceptive practices

CAN-SPAM Act: Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, governing email marketing practices and requirements

COPPA: Children's Online Privacy Protection Act, regulating the collection and use of personal information from children under 13

State Privacy Laws: Various state-specific privacy laws, including the California Consumer Privacy Act (CCPA), governing data collection and consumer privacy rights

Intellectual Property Laws: Copyright Act, Lanham Act (trademarks), and Digital Millennium Copyright Act (DMCA) protecting intellectual property rights in digital marketing

Consumer Protection Laws: Federal and state-specific consumer protection regulations governing business practices and consumer rights

Advertising Regulations: FCC regulations and platform-specific advertising policies (such as Google Ads, Facebook) governing advertising practices

Contract Law: State-specific contract laws and Uniform Commercial Code (UCC) governing formation and enforcement of contracts

E-SIGN Act: Electronic Signatures in Global and National Commerce Act, ensuring legal validity of electronic signatures and records

UETA: Uniform Electronic Transactions Act, providing legal framework for electronic transactions and signatures at state level

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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