Free Digital Marketing Agreement Creator - Create Online



Digital Marketing Agreement template
Digital Marketing Agreement sample


What is Digital Marketing Agreement?

Digital Marketing Agreement Specifies digital marketing services, outlining online marketing strategies, advertising campaigns, performance metrics, and payment arrangements.



Sample template:



DIGITAL MARKETING AGREEMENT


This Digital Marketing Agreement (hereinafter referred to as the "Agreement") is entered into as of [Date], by and between DigitalBoost Strategies, a company registered under the laws of the United States, having its principal office at [Address] (hereinafter referred to as the "Service Provider"), and TechEdge Enterprises LLC, a limited liability company organized and existing under the laws of the United States, having its principal office at [Address] (hereinafter referred to as the "Client").

1. SCOPE OF SERVICES

1.1. Digital Marketing Services


Service Provider shall provide Client with digital marketing services, including but not limited to online marketing strategies, advertising campaigns, search engine optimization (SEO), pay-per-click advertising (PPC), email marketing, social media management, and various content creation services (collectively, the "Services") in accordance with the terms of this Agreement.



2. PERFORMANCE METRICS

2.1. Measurable Goals


Service Provider and Client shall mutually agree upon specific, measurable performance goals for the Services (the "Performance Metrics"). The Performance Metrics may include, but are not limited to, increased website traffic, enhanced user engagement, improved search engine rankings, and higher conversion rates. Service Provider shall provide Client with periodic reports detailing the progress of the Services toward achieving the Performance Metrics.



3. PAYMENT

3.1. Payment Terms


Client shall pay Service Provider fees for the Services as agreed upon by the Parties in a separate document (the "Payment Schedule"), which shall be incorporated herein by reference. The Service Provider shall invoice the Client monthly or as otherwise specified in the Payment Schedule. Client shall make payments within thirty (30) days of receipt of an invoice from the Service Provider. Payments not received within this time frame shall accrue interest at a rate of 1.5% per month, or the highest amount permitted by law, whichever is less.



4. TERM AND TERMINATION

4.1. Term


This Agreement shall be effective as of the date first above written and shall remain in effect for a period of one (1) year, unless terminated earlier pursuant to Section 4.2 below. Thereafter, the Agreement shall automatically renew for additional one-year terms, unless either Party provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the then-current term.


4.2. Termination


Either Party may terminate this Agreement upon providing written notice to the other Party in the event that the other Party breaches any material term or condition of this Agreement, and the breaching Party fails to cure such breach within thirty (30) days after receipt of written notice of such breach from the non-breaching Party.



5. INTELLECTUAL PROPERTY

5.1. Ownership


All intellectual property rights, including copyright and trademark rights, in any materials created, developed, or provided by Service Provider in the course of performing the Services, including but not limited to any reports, designs, and creative content (collectively, the "Work Product") shall be the sole property of the Client, upon full payment of the Fees by Client to Service Provider. Service Provider hereby assigns to Client all right, title, and interest in and to the Work Product, including all intellectual property rights therein.



6. CONFIDENTIALITY

Each Party agrees to maintain in strict confidence, and not to disclose to any third party, any confidential or proprietary information of the other Party (the "Confidential Information") received or obtained in connection with the performance of this Agreement, except as required by law or as expressly authorized by the disclosing Party. Each Party shall take all reasonable precautions to prevent the unauthorized disclosure or use of the Confidential Information by its employees, agents, and representatives.



7. WARRANTIES AND LIMITATION OF LIABILITY

7.1. Service Provider Warranties


Service Provider represents and warrants that it has the necessary experience, skills, and resources required to perform the Services in a professional and workmanlike manner, and that the Work Product will be of professional quality, free from material defects. In the event of a breach of this warranty, Service Provider's sole obligation and liability shall be to re-perform the Services, at no additional charge to Client.


7.2. Limitation of Liability


IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF EITHER PARTY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT OF FEES PAID OR PAYABLE BY CLIENT TO SERVICE PROVIDER UNDER THIS AGREEMENT.



8. INDEMNIFICATION

Each Party (the "Indemnifying Party") shall defend, indemnify, and hold harmless the other Party, its affiliates, officers, directors, employees, and agents (the "Indemnified Party") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to the Indemnifying Party's breach of this Agreement, negligence, or willful misconduct.



9. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by, and construed in accordance with, the laws of the United States, without regard to the conflict of laws principles thereof. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.



10. MISCELLANEOUS

10.1. Assignment


This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and assigns, provided however that neither Party may assign this Agreement, in whole or in part, without the prior written consent of the other Party (which consent shall not be unreasonably withheld).


10.2. Amendment and Waiver


This Agreement may be amended or modified only by a written instrument executed by the Parties hereto. No waiver of any provision of this Agreement shall be deemed to be, or shall constitute, a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver.


10.3. Counterparts


This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.



IN WITNESS WHEREOF, the Parties have executed this Digital Marketing Agreement as of the date first above written.

DIGITALBOOST STRATEGIES TECHEDGE ENTERPRISES LLC

By: ________________________ By: ________________________
Name: ______________________ Name: ______________________
Title: ______________________ Title: ______________________

Ready to proceed?


Login to Create your Digital Marketing Agreement now




Common Sections of a Digital Marketing Agreement


In this Digital Marketing Agreement, you will see the following sections:

  1. Scope of Services
  2. Performance Metrics
  3. Payment
  4. Term and Termination
  5. Intellectual Property
  6. Confidentiality
  7. Warranties and Limitation of Liability
  8. Indemnification
  9. Governing Law and Dispute Resolution
  10. Miscellaneous


Summary of each section:

  1. Scope of Services : This section outlines the digital marketing services that the Service Provider will provide to the Client, such as online marketing strategies, advertising campaigns, SEO, PPC, email marketing, social media management, and content creation.

  2. Performance Metrics : The Service Provider and Client will agree on specific, measurable goals for the services provided. These goals may include increased website traffic, user engagement, search engine rankings, and conversion rates. The Service Provider will provide periodic reports on the progress towards these goals.

  3. Payment : The Client will pay the Service Provider according to a separate Payment Schedule document. The Service Provider will invoice the Client monthly or as specified in the Payment Schedule, and the Client must pay within 30 days of receiving the invoice. Late payments will accrue interest.

  4. Term and Termination : The Agreement lasts for one year and will automatically renew for additional one-year terms unless either party provides written notice of non-renewal 30 days before the current term expires. Either party can terminate the Agreement if the other party breaches any material term or condition and fails to fix the breach within 30 days of receiving written notice.

  5. Intellectual Property : The Client will own all intellectual property rights in any materials created by the Service Provider while performing the Services, such as reports, designs, and creative content, once the Client has fully paid the Service Provider's fees.

  6. Confidentiality : Both parties agree to keep each other's confidential or proprietary information secret and not disclose it to any third party. They will take reasonable precautions to prevent unauthorized disclosure or use of this information by their employees, agents, and representatives.

  7. Warranties and Limitation of Liability : The Service Provider guarantees that they have the necessary experience, skills, and resources to perform the Services professionally and that the Work Product will be of professional quality and free from material defects. If this warranty is breached, the Service Provider will re-perform the Services at no additional charge. Neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages. The total liability of either party will not exceed the total amount of fees paid or payable by the Client to the Service Provider under the Agreement.

  8. Indemnification : Each party will defend, indemnify, and hold the other party harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from their breach of the Agreement, negligence, or willful misconduct.

  9. Governing Law and Dispute Resolution : The Agreement is governed by the laws of the United States. Any disputes will be settled by arbitration administered by the American Arbitration Association according to its Commercial Arbitration Rules. The judgment on the arbitration award may be entered in any court with jurisdiction.

  10. Miscellaneous : This section covers various additional provisions, such as assignment, amendment and waiver, and counterparts. Neither party can assign the Agreement without the other party's written consent. The Agreement can only be amended or modified by a written document executed by both parties. No waiver of any provision will be binding unless executed in writing by the waiving party. The Agreement may be executed in multiple counterparts, each considered an original but together constituting one document.

Ready to get started?

Create your Digital Marketing Agreement now