Digital marketing is the key to success in the modern business landscape, but defining your professional relationship can be tricky. Digital marketing contract templates are the way of the future — they take all of the work and stress out of drawing up a contract, leading to easy, streamlined agreements.
Read our guide on digital marketing contract samples, because we help you unpack exactly what your contracts should include and help you use templates to create a contract quickly and easily. We cover:
- What a digital marketing contract is
- Benefits of a good digital marketing contract
- Essential components to include
- Benefits of using a template
- How to use Bonsai templates
- Frequently asked questions.
What Is a Digital Marketing Contract Template?
A digital marketing contract template is a document that is tailored for online campaigns. It outlines the scope of digital services provided to a client. The services could be provided by either a marketing consultant or a marketing agency.
Using a template allows the company and the marketing agency to clarify their business relationship, making sure there are no misunderstandings and that all parties understand their obligations and responsibilities.
A marketing contract template can contain provisions including the statement of work. This details deliverables and timelines for projects such as online advertising or social media marketing. The contract template also specifies payment terms, compensation, and expenses to ensure clarity.
A digital marketing contract template also protects intellectual property rights, such as trademarks, copyrights, and trade secrets. A template also usually includes confidentiality clauses that bind both parties legally from sharing information about the partnership.
An ongoing contract requires periodic review and can be terminated under certain conditions. It also may include non-compete clauses and further stipulations such as cookie policy or warranty.
Benefits of a Stellar Digital Marketing Contract
Clearly Defines Scope of Work
A well-crafted digital marketing contract details the services to be rendered, as well as outlines the tasks, actions, and steps that need to be taken by both parties.
Laying out the work clearly, whether it’s social media posting or internet advertising, removes all ambiguity from the situation and ensures the goals of both parties are aligned. This helps ensure that all deliverables are understood by both the client and the marketer.
Sets Expectations for Both Parties
A clearly defined contract sets out the obligations and responsibilities of both parties so that everyone understands the expectations. It defines the rights, conditions, and limitations of the partnership, ensuring a smooth business relationship and reducing the chances of a dispute.
The expectations could include certain performance metrics, analytics reporting, or other deliverables.
Outlines Project Timeline and Deadlines
The contract should lay out a detailed timeline to ensure that all tasks and projects are carried out within the specified timeframe.
Specifies Payment Terms and Schedule
The contract lays out all the fees, costs, and budgets associated with the project. It details payment terms, compensation, invoice policy, and any extra charges or expenses, to remove the possibility of misunderstandings.
Establishes Project Ownership and Rights
One of the key provisions of a contract is to define ownership and intellectual property rights of any content that is created, including logos and branding materials. It ensures that all trade secrets are protected and that each party understands their rights.
Addresses Confidentiality and Data Protection
Confidentiality is key, and a good contract addresses this with clauses safeguarding all sensitive information. This can include both the client and the marketing agency’s trade secrets as well as any proprietary methods they use.
Provides Legal Protection In Case of Disputes
In the event of a dispute, the contract is a binding document under the law, laying out a framework for dispute resolution.
This can include specifying the jurisdiction or venue for any court proceedings, and how to proceed in the event of a breach or other damages. You can require both parties to sign waivers and disclaimers about how they will act in the event of disputes, and what the indemnification process will be.
Defines Roles and Responsibilities
Clearly defined roles mean that everyone involved in the project, including customers, contractors, subcontractors, and any other workers, are aware of their tasks and obligations. This ensures work proceeds smoothly and efficiently.
Helps Prevent Misunderstandings
Clauses, articles, and terms in the contract help to clarify every detail and reduce the risk of misunderstandings. It ensures everything is clearly stated in writing so there’s something to refer back to in the case of a disagreement.
Ensures Project Goals Are Aligned
A carefully designed contract means that marketing strategies, online advertising goals, and campaign objectives of both the agency and company are aligned. When goals are clearly stated, the partnership is more likely to lead to success for both parties!
To ensure you include everything listed above in your digital marketing contracts, why not try one of Bonsai’s free templates?
You can have peace of mind knowing that they include everything you need, and you’ll guarantee a professional partnership with your clients. Try this pay-per-click Marketing Contract Template or the Social Media Marketing Contract Template — there’s a curated template to suit every need!
Essential Components of an Effective Marketing Agreement
Services Provided
Your agreement should clearly outline the marketing services that will be provided, such as branding or social media marketing. This section of the contract can also include information about training systems, support, and how to use specific tools or equipment.
Payment and Fees
To avoid payment disputes, ensure the agreement includes detailed payment terms, including information about costs, invoices, and charges. The contract should specify how compensation will be paid, such as whether it is based on revenue, profits, or a flat fee. Additional details regarding taxes or claiming expenses should also be listed.
Termination
This section should explain that the agreement can be terminated under certain conditions, and list those conditions. It can include details of what constitutes breaches and how the notice will be given for termination (such as in writing, print, or by mail).
Confidentiality and Non-Disclosure
This section protects all confidential information, such as trade secrets. It should outline how confidential materials or data should be handled, and what will happen in the event of a breach to a third party.
Relationship Between Parties
This section defines the nature of the business relationship. This could be a partnership, a subcontractor/contractor relationship, or an employer/employee relationship.
Intellectual Property Rights
Make sure you state clearly how intellectual property rights will be handled. This can include products, services, logos, and promotional materials, as well as proprietary marketing strategies. Make sure that ownership is clearly stated to avoid any misunderstandings and disputes.
Exclusivity
If exclusivity is required, this section is where the terms of the exclusivity contract are detailed. It could prohibit the marketing consultant or social media marketer from working with competitors for a specific length of time, or prohibit them from taking on any other campaigns for the duration of your campaign.
Limitation of Liability
This section lists the liability each party in the agreement holds in the case of loss, damage, or failure. This part of the contract is crucial as it helps to protect both parties from risks.
Severability
The severability section ensures that if part of the contract is found to be unenforceable, the rest of the contract stays intact.
Entire Agreement
This clause emphasizes that the agreement represents the complete agreement between the parties, superseding any previous agreements, representations, or warranties.
How to Write a Digital Marketing Contract
Define Tasks, Timeline, and Payments
When crafting your contract, make sure you clearly outline all tasks and deliverables, ensure you include a realistic timeline, and make the payment terms and payment schedule clear. This avoids ambiguity and ensures both parties are on the same page.
Address Rights, Confidentiality, and Revisions
Protect intellectual property rights by establishing confidentiality clauses. Also, ensure the revisions process is clear so that there is no confusion if some of the content needs amending.
Specify Termination and Dispute Resolution
No one expects disputes or terminated contracts, but unfortunately, it happens! Making the dispute and termination process clear creates a framework if these issues do arise, and avoids potential misunderstandings.
Ensure Legal Compliance and Data Protection
Make sure you stay abreast of any changes to data protection laws and regulations to ensure you’re doing everything by the book. This ensures both parties are protected and that their data is safe.
What to Include in a Digital Marketing Contract
Timeline for Deliverables
Your marketing contract should make the timeline for the deliverables clear to avoid any confusion. Make sure each party knows the steps and actions they need to take to meet their goals, as well as listing the details of the project and completion dates.
Payment Details
Being clear on money details is essential. Make clear the payment terms, fees, and ways of payment. List how expenses will be reimbursed and what will occur if things go over budget. Also, be clear on how taxes and other costs will be dealt with.
Copyright and Intellectual Property (IP)
The contract should make sure to address the issues of copyright and intellectual property rights. It’s essential to explain who has ownership of the created content and materials. This protects intellectual property rights and makes sure everyone gets the credit they deserve.
Confidentiality
Protect your sensitive information with confidentiality clauses. This section can cover client data, trade secrets, and marketing strategies, and can also include a cookie policy to ensure all data collection processes are above board.
Termination of Contract
In this section, state the reasons and conditions under which the contract may be terminated. List the specific circumstances or breaches that need to occur for termination, and detail how the notice of termination will be provided. This can include a person pulling out of the contract for health reasons, for example, as well as breaches of contract.
Benefits of Using a Digital Marketing Contract Template
Legal Accuracy and Reliability
When you use a template, like our advertising contract template from Bonsai, you ensure your agreement has legal accuracy and reflects all the latest regulations. With a clause that binds both parties legally, the template adds reliability to the contract creation process and reduces your risk.
Time-Saving and Convenience
Using a marketing services agreement template saves time and streamlines the contract creation process. All essential clauses are included, so you don’t need to start from scratch — most of the work is already done for you!
Integrated e-Signature Capabilities
Contract templates have e-signature capabilities, so it’s easy for all parties to sign the document online. This makes the process far quicker, without having to print and mail the contracts.
Automated Tracking and Reminders
Digital templates from companies like Bonsai come with tracking tools, so you can ensure that deadlines aren’t missed. You’re also notified when your documents are viewed, meaning that all actions can remain on schedule.
Customization Options
Every business and partnership is unique, and Bonsai recognizes that. That’s why all their marketing templates offer customization options to suit all needs. This ensures each contract is tailored for online campaigns or other specific marketing strategies.
How to Create a Digital Marketing Contract Step-by-Step
Creating a digital marketing contract doesn’t have to be stressful and time-consuming. Download our Digital Marketing Contract Template now to streamline your marketing agreement templates and ensure clarity in your business relationships. Once you’ve downloaded the contract, simply follow the below steps to finalize your contract!
Add Your Basic Info
Begin with the basics — this includes the name and title of both parties involved, their contact information, and any other essential basic details.
Add Your Scope of Work
After filling out the basics, add in the tasks, goals, and deliverables that are expected. Be clear regarding the strategies and methods to be employed when completing the work, and highlight materials, tools, or resources that will be used or provided.
Add Your Payment Terms and Info
Be clear about payment terms, amounts, and fees. This section of the template can include information on invoicing, the frequency of payments expenses, and taxes.
Review and Sign Your Final Contract
Once the template has been filled out, review the contract and ensure each clause fully reflects your understanding of the agreement. Once satisfied, you can either use the e-signature capabilities of the Bonsai template or print and physically sign a copy.
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