Social Media Marketing Agreement: Definition, Terms, Example
Jump to Section
Quick Facts — Social Media Marketing Agreement Lawyers
- Lawyers available: 61 business lawyers
- Clients helped: 32 recent social media marketing agreement projects
- Avg lawyer rating: 5.0 (2 reviews)
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
100% Lawyer Drafted
100% Lawyer Drafted
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?
Post a project in ContractsCounsel's marketplace to get free bids from lawyers to draft, review, or negotiate social media marketing agreements. All lawyers are vetted by our team and peer reviewed by our customers for you to explore before hiring.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Need help with a Social Media Marketing Agreement?
Meet some of our Social Media Marketing Agreement Lawyers
Alexander N.
Having overseen over $1.2 billion in transaction value, we are able to provide top-tier service at affordable rates, with much more personalized attention and fast turnarounds. After working for a AM Law Top 100 firm, I started my own firm and have been lucky enough to represent numerous conglomerates (FOX, Endeavor, etc.), promising startups, small businesses and private individuals. Our areas of expertise - Business Formations and Operating Agreements; Capital Raises and Debt Financing; Commercial Transactions; M&A; Real Estate; Intellectual Property; Employment and Hiring; Outside General Counsel; Corporate Agreements and Governance; Litigation and Dispute Resolution. We have been featured in The Wall Street Journal, Marketwatch, Yahoo Finance, Variety, Business Insider, Los Angeles Magazine, the LA Times, and others. We are driven by an unwavering commitment to our clients, going above and beyond to deliver results.
"This group was incredibly responsive and informative every step of the way."
Ted A.
Equity Investments, Agreements & Transactions | Securities & Lending | Corporate Governance | Complex Commercial Contracts | Outside General Counsel & Compliance
"Ted was extremely responsive, knowledgeable, easy to work with and was able help me the same day. I would confidently recommend him in the future."
Jason H.
Jason has been providing legal insight and business expertise since 2001. He is admitted to both the Virginia Bar and the Texas State Bar, and also proud of his membership to the Fellowship of Ministers and Churches. Having served many people, companies and organizations with legal and business needs, his peers and clients know him to be a high-performing and skilled attorney who genuinely cares about his clients. In addition to being a trusted legal advisor, he is a keen business advisor for executive leadership and senior leadership teams on corporate legal and regulatory matters. His personal mission is to take a genuine interest in his clients, and serve as a primary resource to them.
"Wonderful attorney! He was extremely professional, answered all of my questions and was patient with my complicated legal situation. Don’t hesitate to hire him."
April 8, 2026
Spencer J.
I provide the strategic legal guidance of an in-house general counsel without the full-time overhead. Whether you're launching a startup, scaling your digital business, or navigating complex privacy regulations, I'm here to help. With a practice concentrated in privacy law, digital marketing compliance, and small business operations, I help clients make informed decisions that protect their interests while supporting their growth objectives.
Gene R.
I help founders and business owners set up core contracts, deal documents, and ownership terms so they can form companies, close business sales, bring in partners, and launch products without expensive surprises later. I focus on LLC and corporation formations and operating/shareholder agreements, business sales, founder and partner arrangements (including buyouts and separations), commercial contracts (NDAs, MSAs, privacy policies), and IP/SaaS ownership and licensing tied to those deals. Clients describe me as “the antidote to Big Law inefficiency,” “a legal sniper,” and say I’ve “potentially saved hundreds of thousands” by catching gaps other lawyers missed. I do all my own work, explain options in plain English, and give clear scope and hour ranges before I start. Harvard Law (cum laude), MIT, former Wilson Sonsini attorney, and GC/VP Legal for media and tech companies and venture‑backed startups, with a 5.0 rating and repeat clients on this platform.
Nick G.
My name is Nick Gleason, and I’m an attorney licensed in California and a veteran of the United States Navy. While in law school, during my clerkship with Mob Entertainment, I worked under the General Counsel, drafting cease and desist letters, demand letters, and assignment and licensing agreements. I also worked with outside counsel on copyright infringement matters, helping to protect the interests of the company. Now in my professional practice, I continue to help clients like you protect your interests by offering affordable legal representation for all your contract and copyright needs. I can draft contracts, review proposed agreements for vulnerabilities, and negotiate terms on your behalf, as well as prepare effective cease and desist letters and demand letters tailored to your situation, including in copyright and DMCA-related matters. I will always be fair and transparent with my fees. I’d love to hear from you.
March 27, 2026
Michelle D.
My career experience has been varied. Although litigation has been a central focus, I’ve served as Of Counsel for a franchise law firm, negotiating contracts with franchisees and vendors to ensure the best terms possible for my client. I have demonstrated acumen in leading and supervising the work of others. As an associate attorney for Shulman Rogers, I oversaw the Summer Intern Program. Throughout my career I directed the work of paralegals and legal receptionists. As a solo practitioner I employed a junior attorney. At each phase I was responsible for the work and performance of another. In my transactional practice I regularly advise clients on agreements, negotiate favorable terms on their behalf, draft agreements, interpret contractual provisions in disputes, provide opinion letters, and represent clients in mediation and arbitration. I’m accustomed to working in high stress, high stakes environments with quick deadlines, demanding and often emotional clients, while performing work that requires great detail, accuracy, and advocacy.
Find the best lawyer for your project
Browse Lawyers Now
ContractsCounsel User
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.
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewNeed help with a Social Media Marketing Agreement?
Business lawyers by top cities
- Austin Business Lawyers
- Boston Business Lawyers
- Chicago Business Lawyers
- Dallas Business Lawyers
- Denver Business Lawyers
- Houston Business Lawyers
- Los Angeles Business Lawyers
- New York Business Lawyers
- Phoenix Business Lawyers
- San Diego Business Lawyers
- Tampa Business Lawyers
Social Media Marketing Agreement lawyers by city
- Austin Social Media Marketing Agreement Lawyers
- Boston Social Media Marketing Agreement Lawyers
- Chicago Social Media Marketing Agreement Lawyers
- Dallas Social Media Marketing Agreement Lawyers
- Denver Social Media Marketing Agreement Lawyers
- Houston Social Media Marketing Agreement Lawyers
- Los Angeles Social Media Marketing Agreement Lawyers
- New York Social Media Marketing Agreement Lawyers
- Phoenix Social Media Marketing Agreement Lawyers
- San Diego Social Media Marketing Agreement Lawyers
- Tampa Social Media Marketing Agreement Lawyers
ContractsCounsel User
artwork
Location: Georgia
Turnaround: A week
Service: Contract Review
Doc Type: Social Media Marketing Agreement
Page Count: 8
Number of Bids: 2
Bid Range: $300 - $500
ContractsCounsel User