The Social Media Agency Agreement is essential for businesses engaging professional services to manage their social media presence. This U.S.-governed contract establishes clear expectations, responsibilities, and deliverables between agencies and clients. It addresses critical aspects such as content ownership, posting rights, performance metrics, and compliance with federal regulations including FTC guidelines. The agreement is particularly important given the dynamic nature of social media platforms and the need to protect both parties' interests while ensuring transparent communication and service delivery.
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1. Parties: Identification and details of the agency and client
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement including platform-specific terminology and service definitions
4. Scope of Services: Detailed description of social media services to be provided, including platforms covered and types of content
5. Term and Termination: Duration of agreement and termination conditions, including notice periods and post-termination obligations
6. Fees and Payment Terms: Compensation structure, payment schedules, and expenses policy
7. Intellectual Property Rights: Ownership and usage rights of content, materials, and brand assets
8. Confidentiality: Protection of sensitive information and trade secrets
9. Compliance and Regulations: Obligations regarding FTC guidelines, privacy laws, and platform policies
10. Representations and Warranties: Mutual assurances regarding authority, capacity, and compliance
11. Limitation of Liability: Caps on liability and exclusions of certain types of damages
12. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Performance Metrics: KPIs and success metrics for social media campaigns and account management
2. Crisis Management: Procedures for handling social media crises and reputation management
3. Content Approval Process: Workflow for content review and approval, including turnaround times
4. White Labeling: Terms for agency working under client's brand name
5. Data Protection: Specific provisions for handling personal data and compliance with privacy laws
6. Training and Support: Terms for providing training or support to client's internal team
1. Schedule A - Service Level Agreement: Detailed breakdown of services, response times, and performance standards
2. Schedule B - Fee Schedule: Detailed pricing structure, rates, and additional costs
3. Schedule C - Platform-Specific Guidelines: Requirements and policies for different social media platforms
4. Schedule D - Approved Third-Party Tools: List of authorized tools, software, and applications
5. Schedule E - Content Calendar Template: Standard format for content planning and scheduling
6. Schedule F - Reporting Templates: Standard formats for performance and analytics reporting
Relevant legal definitions
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