Successful agencies, consulting and professional services firms rely on Bonsai every day to run their business.
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:
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.
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.
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.
The contract should lay out a detailed timeline to ensure that all tasks and projects are carried out within the specified timeframe.
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.
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.
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.
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.
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.
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.
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!
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.
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.
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).
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.
This section defines the nature of the business relationship. This could be a partnership, a subcontractor/contractor relationship, or an employer/employee relationship.
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.
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.
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.
The severability section ensures that if part of the contract is found to be unenforceable, the rest of the contract stays intact.
This clause emphasizes that the agreement represents the complete agreement between the parties, superseding any previous agreements, representations, or warranties.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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!
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.
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.
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.
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!
Begin with the basics — this includes the name and title of both parties involved, their contact information, and any other essential basic details.
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.
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.
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.
This depends on the type of work being provided — the contract could last between 6-12 months, or could last only for the duration of a single campaign.
In most cases a contract can be modified or amended, but changes will require the consent of both parties involved.
Your digital marketing contract should dictate what will happen in the event of a breach, and the remedies, consequences, or legal avenues that will occur.
Get more template for your business. Discover 1,000 additional templates to use in your industry.Marketing Agreement Template
Free Influencer Collaboration Agreement Template
Free Co Marketing Agreement Template
Free Social Media Contract Template
Free Social Media Invoice Template
Free SEO Invoice Template
Free Public Relations Invoice Template
Free Marketing Invoice Template
Free YouTube Marketing Proposal Template
Free Social Media Proposal (RFP)
Free Social Media Proposal (PPT)
Free Social Media Marketing Proposal Template
Social Media Client Questionnaire
SEO Client Questionnaire
No items found. Need other templates? Discover other templates in the same category.Creative agency retainer agreement template
Free Payment Plan Agreement Template
Accounting Services Agreement Template
Roofing Contract Template for Your Project
Catering Agreement Template: All You Need to Know
Home Staging Contract
Letter of intent template
Free Software Maintenance Agreement Template
Free Writing Partnership Agreement Template
Free Freelance Writer Contract Template
Free Subcontractor Contract Template
Free Software Development Agreement Template
THIS DIGITAL MARKETING SERVICES AGREEMENT (the “Agreement”) is made effective as of [ENTER EFFECTIVE DATE] (the “Effective Date”), by and between: (1) [ENTER CONSULTANT NAME] (hereinafter the “Marketing Consultant”), located at [ENTER CONSULTANT ADDRESS] and (2) [ENTER CLIENT NAME] (hereinafter the “Client”), located at [ENTER CLIENT ADDRESS] (collectively referred to herein as the “Parties,” and individually as a “Party”).
WHEREAS, Marketing Consultant possesses professional expertise in the field of digital marketing services; and
WHEREAS, Client desires to engage Marketing Consultant and Marketing Consultant accepts the engagement to perform certain digital marketing services (collectively the "Services") for Client in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, Consultant and Client agree as follows:
Client hereby retains Marketing Consultant and Marketing Consultant hereby agrees to render the Services to Client upon the terms and conditions as set forth herein.
Marketing Consultant shall provide Client the following services (collectively the "Services"):
2.1 [DIGITAL MARKETING SERVICES DESCRIPTION]
2.2 Additional services may be discussed by the Parties with additional fees to be agreed to by the Parties hereto in writing.
2.3 Marketing Consultant is providing the aforementioned Services "as is" without warranty or condition of any kind. Marketing Consultant hereby disclaims all warranties and conditions with regard to the Services rendered by Marketing Consultant, including all implied warranties or conditions of merchantability and fitness for a particular purpose. Consultant does not guarantee any minimum number of views and/or procurement of followers on any social media platform to Client.
The Parties agree that the term of this Agreement shall begin as of [PROJECT START DATE] and shall be effective for an initial term of one (1) month (the "Initial Term"). The Agreement shall renew automatically for subsequent one (1) month renewal terms (each a "Renewal Term") until terminated by either Party hereto or mutually by the Parties. Client may terminate this Agreement during a Renewal Term by providing fourteen (14) days' prior written notice to Marketing Consultant.
4.1 Client shall pay Marketing Consultant a monthly payment of [MONTHLY FEE] (the "Monthly Services Payment") by the first day of each applicable month during the effective term of this Agreement. Marketing Consultant shall not render the Services for any given month until payment for such month has been received in full by Marketing Consultant. Client acknowledges and agrees that Marketing Consultant may utilize the Monthly Services Payment in its sole discretion with respect to the amount it spends on advertisements in rendering the Services for any given month.
4.2 Additional Services If, and to the extent that, Client requests Marketing Consultant to render services on behalf of Client other than those required to be rendered under this Agreement, such additional services shall be compensated separately at a rate as agreed to by the Parties in a new Statement of Work signed by both of the Parties hereto. The fee for any such additional services shall be added to Client's monthly payment to Marketing Consultant as described above.
Client will own all of its proprietary information as included in the Services, as well as all screens, documentation, digital programming, operating instructions, design concepts, content, graphics, domain names, and characters. All Services provided by Marketing Consultant, including systems, computer programs, operating instructions, unique design concepts, other documentation developed for or specifically relating to Client's information processing, all of Client's source documents, stored data and other information of any kind, and reports and notes prepared by Consultant, will be "works for hire" under any and all applicable United States and/or Canadian copyright laws, and therefore the property of Client. Such work may not be used by Marketing Consultant for any other purpose except for the benefit of Client. Any and all such property shall be delivered to Client on request. Upon request of Client, Consultant shall sign all documents necessary to confirm or perfect the exclusive ownership interests of Client.
Notwithstanding any other provision of this Agreement, the Services will and/or may include some past proprietary information that Marketing Consultant has previously developed for its own use ("Consultant's Prior Proprietary Information"). Marketing Consultant expressly retains full ownership of Marketing Consultant's Prior Proprietary Information, including all associated rights to use such information. However, Consultant also grants to Client a perpetual, non-exclusive license to use Marketing Consultant's Prior Proprietary Information.
Marketing Consultant is an independent contractor with respect to its relationship to Client. Neither Consultant nor Consultant's employees are or shall be deemed for any purpose to be employees of Client. Client shall not be responsible to Consultant, Consultant's employees, or any governing body for any payroll taxes related to the performance of the Services.
Under no circumstances shall Marketing Consultant be liable to Client or any third party for indirect, incidental, consequential, special or exemplary damages arising from the Services herein contemplated or any provision of this Agreement, such as, but not limited to, loss of revenue or anticipated profit or lost business, costs of delay or failure of delivery, or liabilities to third-parties arising from any source. The maximum aggregate liability of Marketing Consultant to Client arising out of or in connection with this Agreement shall not exceed the amount of any fees paid by Client to marketing consultant for the Services described in any applicable Statement of Work. For purposes of this section, "fees" does not include any payments made by Client to thirty-party services in connection with the Services provided by Marketing Consultant.
Client agrees to defend, indemnify, and hold harmless Marketing Consultant and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third-party claims, demands, liabilities, costs and expenses, including reasonable attorneys' fees, costs and expenses resulting from Client's material breach of any duty, representation or warranty under this Agreement.
To the maximum extent permitted by applicable law, all Services are provided "as is" without warranty or condition of any kind. Marketing Consultant hereby disclaims all warranties and conditions with regard to the Services rendered by Marketing Consultant, including all implied warranties or conditions of merchantability and fitness for a particular purpose. Marketing Consultant does not guarantee any minimum number of views and/or procurement of followers on any social media platform to Client.
Neither Party hereto will at any time or in any manner, either directly or indirectly, use for the personal benefit of themselves, or divulge, disclose, or communicate in any manner any information that is proprietary to the other Party (i.e., trade secrets, know-how and confidential information). The Parties will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Either Party may seek and obtain injunctive relief against the release or threatened release of such information in addition to any other legal remedies which may be available to a Party.
This Agreement is not assignable, in whole or in part, by either Party without the prior written consent of the other Party. Any attempt to make such assignment shall be void.
In any legal action between the Parties concerning this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees and costs.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement.
This Agreement shall be construed in accordance with the laws of the United States of America, without regard to conflict of laws rules. Venue shall be in a court of competent jurisdiction in the United States of America and both Parties expressly consent to jurisdiction in such courts.
This Agreement supersedes all prior agreements and understandings between the Parties for performance of the Services and constitutes the complete agreement and understanding between the Parties. The Parties may only amend this Agreement in a written document signed by both Parties.
IN WITNESS WHEREOF, the Parties have executed this Digital Marketing Services Agreement as of the date first written above.
