Digital Advertising and Marketing Agreements: Tackling Key Issues, Mitigating Legal Risks
Reviewing and Redlining Boilerplate Agreements When Working With Third-Party Agencies or Website Hosts
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will explore best practices for negotiating and drafting advertising and marketing agreements in the digital marketing space (including addendums to the industry standard IAB Terms, master services agreements, and influencer agreements).
Outline
- Agenda and introduction
- Types of agreements
- Agency authority v. brand empowerment
- Influencer and talent
- Tech / social media platforms
- Standard contract provisions
- IP rights
- Data use rights
- Privacy
- Confidentiality
- Exclusivity
- Payment
- Morals and non-disparagement
- Liability allocation and dispute resolution
- Term and termination
- Takeaways
Benefits
The panel will address these and other key issues:
- What are the current industry standards relating to internet advertising?
- What should businesses consider when addressing the content of ads in the advertising agreement?
- What are the standard invoicing and payment-related terms when calculating fees for a marketing campaign's deliverables, including how the deliverables will be tracked and reported and how fees will be calculated?
- What are the key considerations when addressing data usage rights and related compliance obligations?
Faculty
Julia B. Jacobson
Partner
Squire Patton Boggs
Ms. Jacobson is a partner in the Data Privacy, Cybersecurity & Digital Assets Practice. She offers practical and... | Read More
Ms. Jacobson is a partner in the Data Privacy, Cybersecurity & Digital Assets Practice. She offers practical and tactical counsel on privacy and cybersecurity compliance strategies, data breach response, technology transactions and marketing initiatives for national and multinational organizations. Ms. Jacobson assists clients with the design and development of privacy-sensitive policies for the collection and use of personal data. She regularly advises businesses on the privacy and cybersecurity aspects of environmental, social and governance (ESG) programs, ethical data use, machine learning and artificial intelligence, vendor contracting and management and business sales, combinations and acquisitions.
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Jordan M. Thompson
Attorney
Davis+Gilbert
Ms. Thompson counsels creative agencies and production companies in advertising, IP, and branded content-related... | Read More
Ms. Thompson counsels creative agencies and production companies in advertising, IP, and branded content-related matters. She plays a key role in the development, production and distribution of original content and the use of third-party IP. While working with agencies that represent major consumer retail brands across various industries, including food, furniture, automotive, financial services and consumer electronics, Ms. Thompson aligns herself with each client’s business goals. In addition to drafting and reviewing campaign-related documents and creative concepts, she assists clients in ensuring their product claims comply with truth-in-advertising laws. Ms. Thompson supports creative promotional strategies, including the use of contests and sweepstakes in accordance with state regulations. She also helps negotiate licenses for music and other third-party IP use in commercials.
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Matthew R.D. Vittone
Counsel
Frankfurt Kurnit Klein & Selz
Mr. Vittone is counsel to the firm’s Advertising, Marketing & Public Relations Group representing... | Read More
Mr. Vittone is counsel to the firm’s Advertising, Marketing & Public Relations Group representing agencies, brands and media companies in connection with advertising, branded entertainment, intellectual property, and digital media matters. He is experienced in structuring and negotiating the full spectrum of advertising industry transactions. Mr. Vittone works with clients on creative services and media agreements, agency-client agreements, talent, endorsement and influencer agreements, sponsorship agreements, branded entertainment agreements, production agreements, and music and other content licenses and releases. His practice also includes counseling clients on a variety of advertising, marketing and intellectual property law matters, including copy and content review, advertising claims and substantiation, social media guidelines, copyright, trademark and right of publicity issues, data protection and privacy, and regulatory compliance. Mr. Vittone is a frequent speaker at major legal and industry conferences. Recent speaking engagements include presentations for the Brand Activation Association, the Society of Digital Agencies, the Association of National Advertisers, Creative Operations Exchange, the Federal Bar Association, and the New York City Bar Association.
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