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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 program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, January 23, 2024

Recorded event now available

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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).


When businesses advertise online, there are a myriad of issues that must be addressed in the agreements related to such online advertising to mitigate the various legal risks that can arise--from issues related to the development and distribution of the actual content of the ad, to issues related to the use and collection of consumer data derived from the ad.

Some of the key terms that should be addressed in agreements with website hosts, publishers, agencies, and influencers that cover online advertising include intellectual property ownership, indemnification, termination, placement and exclusivity, payment terms, tracking and reporting, data collection and usage rights and related compliance obligations.

Listen as our authoritative panel of experts discusses best practices to help businesses limit risk when advertising online or outsourcing marketing campaigns.



  1. Agenda and introduction
  2. Types of agreements
    1. Agency authority v. brand empowerment
    2. Influencer and talent
    3. Tech / social media platforms
  3. Standard contract provisions
    1. IP rights
    2. Data use rights
    3. Privacy
    4. Confidentiality
    5. Exclusivity
    6. Payment
    7. Morals and non-disparagement
    8. Liability allocation and dispute resolution
    9. Term and termination
  4. Takeaways


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?


Jacobson, Julia
Julia B. Jacobson

Squire Patton Boggs

Ms. Jacobson is a partner in the Data Privacy, Cybersecurity & Digital Assets Practice. She offers practical and...  |  Read More

Thompson, Jordan
Jordan M. Thompson


Ms. Thompson counsels creative agencies and production companies in advertising, IP, and branded content-related...  |  Read More

Vittone, Matthew
Matthew R.D. Vittone

Frankfurt Kurnit Klein & Selz

Mr. Vittone is counsel to the firm’s Advertising, Marketing & Public Relations Group representing...  |  Read More

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