Social Media Marketing Agreement
If you wish to use this document in a scenario that involves personal data, standard clauses for data protection and data processing are available in our UK GDPR & Data Protection Group.
Social media represents one among many channels open to businesses for advertising. Well-targeted posts, tweets and blogs can reach thousands of potential customers and what was once the sole domain of the personal messages and photo sharing has now become a hugely popular part of the marketing mix. Many businesses now have their own staff whose sole remit is to promote the business on social media. Many others, however, prefer to farm such work out.
This Social Media Marketing Agreement has been designed for businesses providing such services – those who, using key materials and information provided by their clients, promote those clients’ businesses on social media platforms.
Under this agreement, any number of different activities across any number of social media platforms can be undertaken. The services to be provided can be defined easily and quantitatively (numbers of posts in a given period, for example), and in more detail using the included schedule. The client is required to provide the necessary information about their business, along with materials that may be commonly used, such as logos and photographs. The IP rights in all such materials are closely guarded and the IP rights in all materials created as the services are provided are, by default, assigned to the client upon receipt of payment. Again, the exact types of information and materials should be carefully considered, agreed, and detailed in the schedules provided.
Further key terms in this Social Media Marketing template include mutual IP indemnities, warranties designed to protect both parties, detailed confidentiality provisions, and a payment structure allowing for an initial term followed by an envisaged number of short, renewable terms (monthly may be preferred).
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
This document is designed for use by companies, generally with multiple employees. An alternative version is available in the IR35 & Self-Employment group for self-employed consultants.
This Social Media Marketing Agreement contains the following clauses:1. Definitions and Interpretation
2. Engagement of the Company
3. Provision of the Social Media Marketing Services
4. The Social Media Marketing Services
5. The Client’s Obligations
6. Fees and Payment
7. Intellectual Property Rights
10. Limitation of Liability
12. Term and Termination
13. Effects of Termination
14. Force Majeure
15. No Waiver
16. Further Assurance
18. Assignment and Sub-Contracting
19. Relationship of the Parties
21. Entire Agreement
23. Alternative Dispute Resolution
24. Law and Jurisdiction
and the following schedules:1. Social Media Marketing Services
2. Required Information
3. Required Materials
This template is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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