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Digital Advertising Agreement Template for United States

A Digital Advertising Agreement is a legally binding contract governed by U.S. federal and state laws that establishes the terms and conditions for digital advertising services. It covers key aspects such as campaign specifications, performance metrics, payment terms, intellectual property rights, and data privacy compliance. The agreement incorporates relevant digital advertising regulations, including FTC guidelines, privacy laws, and industry-specific requirements.

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What is a Digital Advertising Agreement?

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.

What sections should be included in a Digital Advertising Agreement?

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

What sections are optional to include in a Digital Advertising Agreement?

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

What schedules should be included in a Digital Advertising Agreement?

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) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Publisher

Ƶ

Document Type

Marketing Agreement

Sector

Marketing

Cost

Free to use

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