Social Media Marketing Agreement Template for United States

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Key Requirements PROMPT example:

Social Media Marketing Agreement

"I need a Social Media Marketing Agreement for my e-commerce startup to hire an agency that will manage our Instagram and TikTok presence, with specific provisions for influencer collaboration and content ownership rights."

Document background
A Social Media Marketing Agreement is essential for businesses engaging professional services for their social media presence in the United States. This document is used when a company or individual (the client) wishes to retain the services of a marketing agency, consultant, or professional (the service provider) to manage their social media presence. The agreement covers crucial aspects including service scope, deliverables, performance metrics, content ownership, compliance with U.S. federal and state advertising laws, and platform-specific requirements. It's particularly important given the dynamic nature of social media marketing and the need to comply with FTC guidelines, data privacy regulations, and disclosure requirements. The document protects both parties by clearly defining responsibilities, expectations, and limitations while ensuring transparency in the business relationship.
Suggested Sections

1. Parties: Identifies and provides full legal details of the service provider and client

2. Background: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the specific social media marketing services to be provided

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

6. Compensation and Payment Terms: Outlines fees, payment schedule, and related terms

7. Performance Metrics and Reporting: Defines KPIs, reporting requirements, and evaluation criteria

8. Content Creation and Approval: Establishes processes for content creation, review, and approval

9. Intellectual Property Rights: Addresses ownership and usage rights of created content

10. Confidentiality: Protects confidential information shared during the engagement

11. Compliance with Laws: Ensures adherence to advertising laws, disclosure requirements, and platform policies

12. Representations and Warranties: States parties' promises and guarantees regarding their capabilities and rights

13. Limitation of Liability: Sets boundaries on parties' liability for damages

14. General Provisions: Includes standard legal clauses like governing law, notices, and amendment procedures

Optional Sections

1. Non-Compete: Restricts service provider from working with client's competitors - used when sharing sensitive industry information

2. Crisis Management: Outlines procedures for handling social media crises - important for high-profile clients

3. White Labeling: Addresses terms for providing services under client's brand - used in agency relationships

4. Content Usage Rights: Detailed terms for content repurposing and licensing - needed when content has significant commercial value

5. International Compliance: Additional provisions for international social media campaigns - used when targeting multiple jurisdictions

6. Data Protection and Privacy: Enhanced privacy provisions - critical when handling sensitive customer data or operating in jurisdictions with strict privacy laws

7. Subcontractor Rights: Terms for using subcontractors - needed when service provider may delegate work

8. Insurance Requirements: Specific insurance coverage requirements - important for enterprise clients or high-value campaigns

Suggested Schedules

1. Schedule A - Service Level Agreement: Detailed breakdown of services, deliverables, and performance standards

2. Schedule B - Fee Schedule: Comprehensive pricing details, including base fees, additional services, and expenses

3. Schedule C - Approved Social Media Platforms: List of platforms covered under the agreement and platform-specific requirements

4. Schedule D - Content Calendar Template: Standard format for content planning and scheduling

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

6. Appendix 1 - Brand Guidelines: Client's branding requirements and style guide

7. Appendix 2 - Compliance Checklist: Platform-specific rules and regulatory requirements

8. Appendix 3 - Emergency Contact Protocol: Procedures and contacts for urgent situations or crisis management

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

Technology

Healthcare

Financial Services

Entertainment

Food and Beverage

Fashion and Apparel

Professional Services

Education

Non-profit

Travel and Hospitality

Real Estate

Consumer Goods

Media and Publishing

Sports and Recreation

Relevant Teams

Marketing

Digital

Legal

Compliance

Communications

Brand Management

Content Creation

Business Development

Creative

Public Relations

Customer Experience

Risk Management

Relevant Roles

Marketing Director

Social Media Manager

Digital Marketing Manager

Content Strategist

Brand Manager

Marketing Coordinator

Communications Director

Business Development Manager

Legal Counsel

Compliance Officer

Account Manager

Creative Director

Digital Strategy Director

Chief Marketing Officer

Community Manager

Public Relations Manager

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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