This article has been written by Mr. Suraj Singh, a 1st year. LLB (Hons.) student from Allahabad University
Introduction –
A digital marketing contract is a legally binding agreement between you, the marketer, and your client. It outlines the responsibilities of both parties while protecting the rights of each person. It is a finalized legal agreement between the client and a freelancer.Creating a digital marketing agreement is essential to protect your rights and the rights of the person you are allowing to promote your product. It is important to not simply borrow someone’s already created digital marketing agreement for a template. Templates can be created to favor one party or another. Additionally, using another’s contract without consent would be considered intellectual property theft.
If you need a template to start from, the best place to get one is by contacting a publishing company or attorney who will often provide you with a template for a small fee. When choosing a lawyer, picking a contract lawyer who has experience in online marketing will provide you with the most comprehensive contract and advice.
Objectives of a Digital Marketing Agreement:-
In order to avail the services of the digital markets, a company should get into a digital marketing agreement with them. The main aims and objectives of any digital marketing agreement are:
1-To enhance the image and profile of the brand as well as to increase the traffic on the website of the company.
2-To protect the brand online and to enhance its services.
3-To increase the functionality and the speed of the website in order to make it easy for the users/customers to access it.
4-To increase the rate of conversion of the existing traffic in order to increase sales.
5-To provide the clients with consultancy advice on marketing-related issues like cost-saving.
6-To introduce new ideas which could prove to be beneficial for the online visibility of the client’s company and to track and identify the client competition.
The Essential of a Digital Marketing Agreement:-
While contracts will vary, there are some items that should be included or touched upon in any digital marketing agreement. By including these items, both signing parties will have a clear understanding of what the responsibilities and obligations are under the contract. Some of the items you will want to include are:
1-Term – The term section will answer how long the agreement will be in effect.
2-Renewal – A statement on whether or not the contract can renew and how the renewal will work.
3-Cancellation – The ability to cancel the contract and what would be required to do so.
4-Services – A list of the digital marketing services that will be provided under the terms of the contract.
5-Compensation – How the marketing services are paid, such as through regular payments or milestone payments.
6-Warranties – What type of warranties will be provided for the services rendered?
7-Intellectual Property – Which person retains ownership rights over the intellectual property and under what parameters can protected material be used.
8-Governing Law – If a dispute arises regarding legal issues, which state law will apply to the contract.
9-Dispute Resolution – If a breach of contract occurs and requires the third party for resolutions, what procedures will be utilized.
10-Indemnification and Defense – How much liability does the marketer have to defend the client if a third party sues for infringement on the part of the marketer.
Why You Need a Contract for Digital Marketing : –
Along with it protecting your rights and interests, you’ll be able to set out all your key responsibilities within the contract. This will make sure that you’re not expected to pick up tasks that lie outside your specialty, causing you to underperform or undercharge. This is especially important when you work as a freelancer or independent contractor, rather than a full-time employee.
REFRENCES :-
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