Social Media Marketing Agreement

What is a social media marketing agreement?

A social media marketing agreement is a document used by a marketer providing social media marketing services to a client on a social media platform. Social media marketing can include many things, but at its core is when an individual or business uses social platforms to market goods or services. By using a social media marketing agreement, the parties can set forth the terms and conditions under which the marketer will assist the client in selling their goods or services by using popular social media platforms. Using this agreement, the client and marketer can both protect their interests and intellectual property, as well as ensuring that the marketer's products reflect the client's vision and desires.

What is the difference between a social media marketing agreement and a marketing agreement?

This document is specifically for marketing that will take place on social media platforms. For other types of marketing, please refer to the general purpose marketing agreement.

What is the difference between a social media marketing agreement and an affiliate agreement?

Though both documents are used to arrange a business relationship involving promotion and sales, they are used for different types of marketing strategies and relationships. In an affiliate agreement, the affiliate uses a unique tracking link to promote the merchant's company. They are then paid a commission based on the number of clicks or sales made through their unique link. In a social media marketing agreement, a marketer creates a full on marketing campaign for a client. This typically much more comprehensive than affiliate marketing and includes multiple marketing strategies, such as blog ads, viral video campaigns, or social media posts on behalf of the client. The marketer is then paid a fee, typically an hourly rate or a project-based fee, for their services.

Is it mandatory to have a social media marketing agreement?

No, it is not mandatory to have a social media marketing agreement. Especially for smaller merchants, they may choose to handle their own social media posts as they grow their business. However, for larger businesses who want to create comprehensive social media marketing strategies and campaigns, bringing on a social media marketer using a social media marketing agreement can be a crucial part of this process.

What is a "campaign"?

In the context of a social media marketing agreement, a campaign is a planned out set of activities and strategies designed to achieve a specific marketing goal over a period of time using social media platforms. Campaigns typically have a specific goal and are meant to focus on promoting one product or service to a particular audience.

What are "deliverables"?

Deliverables are specific pieces of content that are created by the social media marketer. Examples of deliverables include scheduled social media posts, promotional videos, and analytics reports.

What is a "retainer"?

A retainer is money that is paid to the social media marketer upfront before the services begin. This payment is used to cover a specific amount of the marketer's time or services. It essentially guarantees that the marketer will be available to provide services to the client during this time.

Who may enter into a social media marketing agreement?

Both individuals and businesses may enter into social media marketing agreements. For individuals entering into social media marketing agreements, they must be of legal age to enter into a contract, 18 years of age or older in most states. They must also be mentally competent to enter into a contract. Business entities entering into a social media marketing agreement must have the legal authority to do so, usually outlined in the business' governing documents, such as bylaws or operating agreement.

What is the duration of a social media marketing agreement?

Although social media marketing agreements are typically used for specific campaigns or services provided to a client in a limited scope, a social media marketing agreement may also be indefinite.

What has to be done once the social media marketing agreement is written?

Once the agreement is complete, both the marketer and client should sign and date the social media marketing agreement. The document does not need to be notarized or witnessed to be legally binding. The parties should each save a copy of the social media marketing agreement in their files for future reference and in case of dispute or disagreement.

What must a social media marketing agreement include?

A valid social media marketing agreement must include at least the following mandatory clauses:

• Identifying information: The social media marketing agreement includes the name, address, and contact information for both the marketer and the client.
• Scope of services: The social media marketing outlines the services that will be provided by the marketer to the client. This includes a description of any campaigns, or ongoing social media advertising projects, and deliverables, or specific items to be provided to the client, that the marketer will be responsible for creating.
• Payment terms: The social media marketing agreement will include a description of when, how, and how much the marketer will be paid for their services. This can include details such as requiring a retainer before work will begin, as well as a late fee policy.
• Important dates: The social media marketing agreement details any important dates in the agreement, such as deadlines when particular work must be turned in and the end date of the agreement if the parties already know it.

In addition to the above mandatory information, the following information may also be included:

• Milestones: If there are specific milestones the marketer will be required to hit in their work, such as finishing steps of a certain project, these can be described in the agreement.

Which laws are applicable to a social media marketing agreement?

Social media marketing agreements in the United States are subject to both federal laws and specific state laws, which cover general contract principles like formation and mutual understanding. Federal laws may restrict which services may be contracted for (e.g., no one may contract for anything illegal) and certain broad categories, like contracting for something that looks more like an employment relationship, but individual state laws usually govern the interpretation of the contract in case of a dispute. Most times because the marketing happens online, the agreement will also be subject to the online advertising rules of the Federal Trade Commission.

How to modify the template?

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.