Social Media Marketing Agreement: Definition, Terms, Example
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What is a Social Media Marketing Agreement?
A social media marketing agreement is a document drafted by a business owner and a social media consultant. The agreement sets out responsibilities, expectations, terms of payment, and other details about the relationship between the two parties.
A social media marketing agreement ensures that both sides have clearly defined roles to avoid misunderstandings or conflict down the road. For example, a social media marketing agreement can be used as a formal understanding between a business and an online influencer who will promote its products/services on their social media accounts through sponsored posts or paid ads.
Common Sections in Social Media Marketing Agreements
Below is a list of common sections included in Social Media Marketing Agreements. These sections are linked to the below sample agreement for you to explore.
Social Media Marketing Agreement Template
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Social Media Marketing Agreement Sample
Exhibit 10.1
Social Media Agreement
This Social Media Agreement “Agreement” is made effective May 16, 2017 by and between BHANG Corporation (“BC”) and Bang Digital Media (“BDM”), (collectively, the “Parties”).
Therefore, the Parties agree as follows:
| 1. | DESCRIPTION OF SERVICES. |
BDM will provide the following services for BC: social media posts - planning & posting, social media post content production and social media account monitoring/management (collectively, the “Services”).
| 2. | PERFORMANCE OF SERVICES. |
| A. | BDM shall implement plans and strategies that help BC market its brand, its IP and its merchandise using primarily INSTAGRAM & FACEBOOK. |
| B. | BDM shall design approaches specific to the BC’s needs (hashtag research and implementation, strategic liking, posting and reposting). |
| C. | BDM shall interact with customers that approach the social media platform with comments/messages, and where necessary, will coordinate with the COO or Director of Operations and work with BC’s swag fulfillment center, Onyx, to have customers sent swag. |
| D. | BDM shall take steps to organize production of original content. All rights of images belong to BC. |
| E. | BDM shall keep content positive and shall work to maintain the positive public’s perception of BC. |
| F. | The manner in which the Services are to be performed and the specific hours to be worked by BDM shall be determined by BDM. BC will rely on BDM to work as many hours as may be reasonably necessary to fulfill BDM’s obligations under this Agreement. BDM commits to a minimum of 60 hours monthly from its team (Award winning Journalists, Filmmakers, Project Managers, Full Stack Developers, and PR Strategists). |
| G. | Twice-a-Month Conference calls for updates, check-in and strategy re-alignment |
| H. | Monthly Data analysis and reports |
| I. | Creative graphic design, video & copy for growth and alternative strategies, constant iteration, audience tweaks and optimization of ads for growth and better ROI. |
| J. | 20-40 social postings/month across social platforms |
| K. | Ongoing proposals for growth, engagement, PR and sales strategies |
| L. | Four sponsored memes on “4TwentyToday” & “4TT Network/ month” |
| M. | One monthly 2-4 hour visit to Denver-based-facility for capture of future video & still content |
| N. | 50% discounted event space rental at the International Church of Cannabis in Denver. |
| 3. | PAYMENT. BC will pay a fee to BDM for the Services based on $5,000 per month for the months BDM is engaged to perform Social Media Services for BC plus $1,000 in discretionary ad spending. The $5,000 fee shall be payable monthly, no later than the twenty-fifth day of the month following the period during which the Services were performed. The ad-spend dollars will be reimbursed within 10 business days of receiving periodic invoices. Ad-spend invoices must be billed at least every 60 days. |
| 4. | TERM/TERMINATION. The term of this Agreement is month-to-month. The Agreement may be terminated without cause by either party upon a 30-day written notice. If this Agreement is terminated prior to the end of any 30-day period, BC agrees to pay all obligations then due and payable, including the monthly fee in full for any partial monthly serviced, made by BDM on BC’s behalf within 10 business days of receiving BDM’s final invoice. No rights or liabilities shall arise with relationship to unfinished work, regardless of any plans that may have been made for future services. |
| 5. | RELATIONSHIP OF PARTIES. It is understood by the Parties that BDM is an independent contractor with respect to BC, and not an employee of BC. BC will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of BDM. |
| 6. | EMPLOYEES. BDM’s employees, if any, who perform services for BC under this Agreement shall also be bound by the provisions of this Agreement. |
| 7. | CONFIDENTIALITY. BDM agrees not to disseminate or use for its own purpose or for any other BDM clients, either during or after the termination of the contract, any BC content or confidential information imparted by BC. BDM agrees to use reasonable controls to restrict dissemination of such information. BDM understands that all information BC provides shall be considered sensitive and confidential unless expressly declared otherwise. BC will protect the Information and treat it as strictly confidential; other proprietary information which are valuable, special, and unique assets of BC and need to be protected from improper disclosure. |
| 8. | CONFIDENTIALITY AFTER TERMINATION. The confidentiality provisions of this Agreement shall remain in full force and effect after the termination of this Agreement. Passwords and any such information shall be passed over immediately to BC if they change or if this agreement is cancelled. All social media accounts including log-ins and passwords will be the sole property of BC. |
| 9. | NOTICES. All notices required under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail postage prepaid. |
| 10. | ENTIRE AGREEMENT. This Agreement contains the entire agreement of the Parties and there are no other promises or conditions in any other agreement whether oral or written. This agreement supersedes any prior written or oral agreements between the Parties. |
| 11. | AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is signed by both Parties. |
| 12. | SEVERABILITY. If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provisions of this Agreement is invalid or unenforceable, but that by limiting such provisions it would become valid and enforceable. then such provisions shall be deemed to be written, construed, and enforced as so limited. |
| 13. | WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provisions of this Agreement shall not be con trued as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement. |
14. GOVERNING LAW; SUBMISSION TO JURISDICTION; WAIVER OF JURY TRIAL. THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE CONTROLLED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. ANY JUDICIAL PROCEEDING BROUGHT WITH RESPECT TO THIS AGREEMENT MUST BE BROUGHT IN THE MIAMI-DADE COUNTY DISTRICT OF FLORIDA OR ANY COURT OF COMPETENT JURISDICTION IN THE STATE OF FLORIDA LOCATED IN THE CITY OF MIAMI, AND, EACH PARTY: (I) ACCEPTS UNCONDITIONALLY, THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND ANY RELATED APPELLATE COURT, AND AGREES TO BE BOUND BY ANY FINAL, NON-APPEALABLE JUDGMENT RENDERED THEREBY IN CONNECTION WITH THIS AGREEMENT; (II) IRREVOCABLY WAIVES ANY OBJECTION IT MAY NOW OR HEREAFTER HAVE AS TO THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN SUCH A COURT OR THAT SUCH COURT IS AN INCONVENIENT FORUM PROVIDED, HOWEVER, THAT SUCH CONSENT TO JURISDICTION IS SOLELY FOR THE PURPOSE REFERRED TO IN THIS SECTION AND SHALL NOT BE DEEMED TO BE A GENERAL SUBMISSION TO THE JURISDICTION OF SAID COURTS OR THE STATE OF FLORIDA OTHER THAN FOR SUCH PURPOSE; AND (III) AGREES THAT PROCESS IN ANY SUCH ACTION, IN ADDITION TO ANY OTHER METHOD PERMITTED BY LAW, MAY BE SERVED UPON IT BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED, ADDRESSED TO SUCH PARTY AT THE ADDRESS DESIGNATED BY SUCH PARTY HEREIN, AND SUCH SERVICE SHALL BE DEEMED EFFECTIVE AS IF PERSONAL SERVICE HAD BEEN MADE UPON IT WITHIN MIAMI_DADE COUNTY. THE PARTIES HEREBY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING TO WHICH THEY ARE PARTIES INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER ARISING OUT OF, RELATED TO OR IN CONNECTION WITH THIS AGREEMENT. EACH PARTY HEREBY WAIVES TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTER CLAIM BROUGHT BY ANY OF THEM AGAINST THE OTHER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, OR ANY OTHER AGREEMENTS EXECUTED IN CONNECTION HEREWITH OR THE ADMINISTRATION THEREOF OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREIN.
| BHANG CORPORATION: | BANG DIGITAL MEDIA | |||
| a Nevada Corporation | ||||
| By: | /s/ Scott Van Rixel | By: | /s/ Steve Berke | |
| Scott Van Rixel | Steve Berke | |||
| Title: | Chief Executive Officer | Title: | Chief Executive Officer | |
| Address: | ||||
| Address: | 1400 NE Miami Gardens Drive #202 | |||
| 6815 Biscayne Blvd Suite#103 | North Miami Beach, FL 33179 | |||
| Miami FL 33138 | ||||
Reference:
Security Exchange Commission - Edgar Database, EX-10.1 2 s106252_ex10-1.htm EXHIBIT 10.1, Viewed December 14, 2021, View Source on SEC.
Who Helps With Social Media Marketing Agreements?
Lawyers with backgrounds working on social media marketing agreements work with clients to help. Do you need help with a social media marketing agreement?
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David U.
For the last 25 years I've focused on representing businesses and entrepreneurs in transactional law deals, including LLC creation, operation and sale of businesses; real estate sales and leasing; and general contract negotiation and drafting. While I've helped all manner of businesses work out a variety of contract and business matters, I am an expert at helping clients with buying and selling commercial properties including multi-family and office projects and buildings, subdivisions, and retail shopping centers. I am also a recognized expert negotiating leases for retail and office tenants and landlords. Over 25 years I've honed my skills a lawyer at one of the largest law firms in the world, an elite real estate boutique in Aspen, Colorado and a highly regarded firm based in Denver, Colorado, before starting my own practice in 2016. Since 2016 I've been helping my clients with real estate and business deals. I'm a commercial real estate and business expert with a passion for helping clients forge successful ventures in an efficient and understandable manner.
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Donya G.
Donya G.
I am a New York and Connecticut–licensed contracts attorney with over 25 years of legal and business experience. I focus on drafting, reviewing, and negotiating commercial agreements, advising small businesses and international brokerage firms — particularly in eCommerce acquisitions. My practice includes asset purchase agreements, master services agreements, operating agreements, employment agreements, and a broad range of commercial contracts, as well as merchant services defense, breach of contract matters and arbitration. I have served as General Counsel to small businesses, a Vice President at an investment bank, a Civil Court Arbitrator and Hearing Officer, and a Judicial Clerk to a Civil Court Judge. My combined legal and business background enables me to deliver practical, strategic counsel tailored to each client’s objectives.
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Attorney Yu represents clients in business and real estate transactions and has successfully handled more than 200 cases. She has experience in corporate law, including forming legal entities, employment law and workers’ compensation law matters pertaining to wage and hour violations, industrial injuries, misclassifications, and other employment-related torts and contracts. Attorney Yu works with employers to address employee relationship issues, develop effective policies and craft employment agreements. Attorney Yu regularly advises clients on the legal and business aspects of potential investments, ongoing business operations, debt collections, shareholders and partners disputes, business purchase agreements, risk assessment, intellectual property disputes, and potential contract disputes. She regularly handles real estate law matters such as landlord-tenant disputes, lease agreements, buy-sell disputes, title disputes, and construction disputes. She also has substantial experience settling debts, and she drafts, reviews and negotiates settlement agreements. Attorney Yu conducts extensive legal research and provides on-point legal advice to both corporate and individual clients.
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Natalie A.
I am an experienced in house counsel and have worked in the pharmaceutical, consumer goods and restaurant industry. I have experience with a variety of agreements, below is a non-exhaustive list of types of agreements I can help with: Supply Agreements Distribution Agreements Manufacture Agreements Service Agreements Employment Agreements Consulting Agreements Commercial and residential lease agreements Non-compete Agreements Confidentiality and Non-Disclosure Agreements Demand Letters Termination notice Notice of breach of contract My experience as in house counsel has exposed me to a wide variety of commercial matters for which I can provide consulting and assistance on. I have advised US, Canadian and International entities on cross-functional matters and have guided them when they are in different countries and jurisdictions as their counterparties. I can provide assistance early on in a business discussion to help guide you and make sure you ask the right questions even before the commercial agreement needs to be negotiated, but if you are ready to put a contract in place I can most definitely help with that too.
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Social Media Marketing
Social Media Marketing Agreement
Washington
Need advice on Social Media Marketing Agreement.
I am a small business owner looking to hire a social media marketing agency to handle my company's online presence, but I'm unfamiliar with the legal aspects of social media marketing agreements. I want to ensure that the agreement covers all necessary terms and protects my business's interests, such as ownership of content, confidentiality, and termination rights, so I need guidance from a lawyer who specializes in this area.
Randy M.
If you're hiring an agency to handle your social media, your contract should do more than just list services. It should protect your business. Below are the key sections to focus on, why they matter, and how to make sure the agreement works in your favor. Scope of Services Be clear on what you're actually paying for. "Manage social media" is too vague. Instead, ask for specifics. For example: "Agency will create 12 Instagram posts, 4 video reels, and 1 monthly performance report." If the contract includes paid advertising, split the ad spend from the agency’s fees. Set a limit on how much the agency can spend without getting your approval in writing. This keeps you in control and avoids unexpected charges. Content Ownership and Intellectual Property Everything the agency creates for your brand (images, videos, captions, even the working files) should be yours once it’s paid for. Ask for a "work made for hire" clause and a backup assignment of rights. It's okay if the agency keeps ownership of its own templates or tools, but you should have a forever license to use anything they include in your content. Also, they should be responsible for making sure any music, stock photos, or fonts are legally licensed, and they should cover you if anything they use causes legal trouble. Account Access and Control Make sure your business always owns its social media accounts. The agency can be added as a user, but you should stay the account owner. At the end of the relationship, the contract should require them to return or export all data, ad accounts, passwords, and analytics. This prevents them from locking you out later. Confidentiality and Data Protection Your agreement should include a two-way confidentiality clause that protects sensitive business info like customer data, ad strategy, and performance reports. This protection should last even after the contract ends, usually for two to five years. If your business handles personal data from California or the EU, the agency should agree to follow privacy laws like the CCPA and GDPR. Termination Your contract should give you two clear ways out: (1) a termination for cause that lets either side end the agreement if the other party breaches it and doesn’t fix the issue within a set time (usually 10 to 30 days), and (2) a termination for convenience that lets you walk away for any reason, typically with 30 days’ written notice. Payment and Expenses Spell out how much you're paying, when payments are due, and what’s included. A flat monthly retainer is common. Ad spend should be billed separately and backed by receipts. If other costs come up (like influencer fees or stock photos) make sure the contract says who covers them. It’s also fair for the agency to charge late fees or pause work if they haven’t been paid after a certain number of days. Liability and Risk Management The agency should protect you if something goes wrong on their end, like using copyrighted material without permission or running ads that break the rules. For bigger contracts, ask them to carry liability insurance. Most agencies will want to limit how much they’re on the hook for, usually just the amount you’ve paid them. That’s standard, but you can ask for exceptions when it comes to things like confidentiality breaches or intentional wrongdoing. Also, include a clause that says if a PR crisis hits, they’ll notify you right away and stop posting until you give the green light. Compliance with Laws and Platform Rules The agency should agree to follow all advertising laws, platform rules, and FTC guidelines. If they’re working with influencers, the contract should require proper disclosures like “#ad” or “sponsored.” This keeps your brand out of legal trouble and makes the agency responsible if something slips through. Independent Contractor Status Make it clear that the agency isn’t your employee. This keeps you protected from tax issues and makes it clear they’re responsible for their own team, benefits, and taxes. Dispute Resolution and Governing Law Pick your home state’s laws to govern the agreement. It’s smart to require a step like mediation before either party can sue. It can save a lot of time and money if a disagreement comes up. Sample Clauses You Can Use: Ownership Clause: “All content, graphics, videos, captions, and advertising materials created by Agency for Client shall be deemed works made for hire. To the extent any such materials do not qualify as works made for hire, Agency hereby assigns all right, title, and interest in such materials to Client upon full payment.” Termination Clause: “Either party may terminate this Agreement for convenience upon 30 days’ written notice. Upon termination, Agency shall deliver to Client all content, data, credentials, and materials created or maintained on Client’s behalf within 5 business days.” The Final Analysis Whether you need a quick contract review or full legal support, Contracts Counsel’s experienced lawyers are ready to guide you every step of the way. They’ll make sure your business is protected and your social media marketing partnership starts on solid legal ground.
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Sponsorship Contract
Location: Tennessee
Turnaround: A week
Service: Contract Review
Doc Type: Social Media Marketing Agreement
Page Count: 3
Number of Bids: 4
Bid Range: $200 - $1,000
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