Digital Marketing Contract Template

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Digital Marketing Contract Template

May 30, 2023


digital marketing

Corporation Corp.
‍ Acme LLC.

Corporation Corp.


This Digital Marketing Services Agreement (hereinafter referred to as the "Agreement") is entered into by and between cool company (hereinafter referred to as the "Consultant") and Sample Client (hereinafter referred to as the "Client", collectively referred to as the "Parties"), both of whom agree to be bound by this Agreement. This Agreement shall be effective the date both Parties sign this Agreement (the "Effective Date")


WHEREAS, Consultant possesses professional expertise in the field of digital marketing services; and

WHEREAS, Client desires to engage Consultant and Consultant accepts the engagement to perform certain digital marketing services (collectively the "Services") for Client in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, Consultant and Client agree as follows:



Client hereby retains Consultant and Consultant hereby agrees to render the Services to Client upon the terms and conditions as set forth herein.


Consultant shall provide Client the following services (collectively the "Services"):


2.2 Additional services may be discussed by the Parties with additional fees to be agreed to by the Parties hereto in writing.

2.3 Consultant is providing the aforementioned Services "as is" without warranty or condition of any kind. Consultant hereby disclaims all warranties and conditions with regard to the Services rendered by Consultant, including all implied warranties or conditions of merchantability and fitness for a particular purpose. Consultant does not guarantee any minimum number of views and/or procurement of followers on any social media platform to Client.


The Parties agree that the term of this Agreement shall begin as of [PROJECT START DATE] and shall be effective for an initial term of one (1) month (the "Initial Term"). The Agreement shall renew automatically for subsequent one (1) month renewal terms (each a "Renewal Term") until terminated by either Party hereto or mutually by the Parties. Client may terminate this Agreement during a Renewal Term by providing fourteen (14) days' prior written notice to Consultant.


4.1 Client shall pay Consultant a monthly payment of [MONTHLY FEE] (the "Monthly Services Payment") by the first day of each applicable month during the effective term of this Agreement. Consultant shall not render the Services for any given month until payment for such month has been received in full by Consultant. Client acknowledges and agrees that Consultant may utilize the Monthly Services Payment in its sole discretion with respect to the amount it spends on advertisements in rendering the Services for any given month.

4.2 Additional Services If, and to the extent that, Client requests Consultant to render services on behalf of Client other than those required to be rendered under this Agreement, such additional services shall be compensated separately at a rate as agreed to by the Parties in a new Statement of Work signed by both of the Parties hereto. The fee for any such additional services shall be added to Client's monthly payment to Consultant as described above.


Client will own all of its proprietary information as included in the Services, as well as all screens, documentation, digital programming, operating instructions, design concepts, content, graphics, domain names, and characters. All Services provided by Consultant, including systems, computer programs, operating instructions, unique design concepts, other documentation developed for or specifically relating to Client's information processing, all of Client's source documents, stored data and other information of any kind, and reports and notes prepared by Consultant, will be "works for hire" under any and all applicable United States and/or Canadian copyright laws, and therefore the property of Client. Such work may not be used by Consultant for any other purpose except for the benefit of Client. Any and all such property shall be delivered to Client on request. Upon request of Client, Consultant shall sign all documents necessary to confirm or perfect the exclusive ownership interests of Client.


Notwithstanding any other provision of this Agreement, the Services will and/or may include some past proprietary information that Consultant has previously developed for its own use ("Consultant's Prior Proprietary Information"). Consultant expressly retains full ownership of Consultant's Prior Proprietary Information, including all associated rights to use such information. However, Consultant also grants to Client a perpetual, non-exclusive license to use Consultant's Prior Proprietary Information.


Consultant is an independent contractor with respect to its relationship to Client. Neither Consultant nor Consultant's employees are or shall be deemed for any purpose to be employees of Client. Client shall not be responsible to Consultant, Consultant's employees, or any governing body for any payroll taxes related to the performance of the Services.


Under no circumstances shall Consultant be liable to Client or any third party for indirect, incidental, consequential, special or exemplary damages arising from the Services herein contemplated or any provision of this Agreement, such as, but not limited to, loss of revenue or anticipated profit or lost business, costs of delay or failure of delivery, or liabilities to third-parties arising from any source. The maximum aggregate liability of Consultant to Client arising out of or in connection with this Agreement shall not exceed the amount of any fees paid by Client to consultant for the Services described in any applicable Statement of Work. For purposes of this section, "fees" does not include any payments made by Client to thirty-party servicers in connection with the Services provided by Consultant.


Client agrees to defend, indemnify, and hold harmless Consultant and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third-party claims, demands, liabilities, costs and expenses, including reasonable attorneys' fees, costs and expenses resulting from Client's material breach of any duty, representation or warranty under this Agreement.


To the maximum extent permitted by applicable law, all Services are provided "as is" without warranty or condition of any kind. Consultant hereby disclaims all warranties and conditions with regard to the Services rendered by Consultant, including all implied warranties or conditions of merchantability and fitness for a particular purpose. Consultant does not guarantee any minimum number of views and/or procurement of followers on any social media platform to Client.


Neither Party hereto will at any time or in any manner, either directly or indirectly, use for the personal benefit of themselves, or divulge, disclose, or communicate in any manner any information that is proprietary to the other Party (i.e., trade secrets, know-how and confidential information). The Parties will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Either Party may seek and obtain injunctive relief against the release or threatened release of such information in addition to any other legal remedies which may be available to a Party.


This Agreement is not assignable, in whole or in part, by either Party without the prior written consent of the other Party. Any attempt to make such assignment shall be void.


In any legal action between the Parties concerning this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees and costs.


If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement.


This Agreement shall be construed in accordance with the laws of the United States of America, without regard to conflict of laws rules. Venue shall be in a court of competent jurisdiction in the United States of America and both Parties expressly consent to jurisdiction in such courts.


This Agreement supersedes all prior agreements and understandings between the Parties for performance of the Services and constitutes the complete agreement and understanding between the Parties. The Parties may only amend this Agreement in a written document signed by both Parties.

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

digital marketing

Acme LLC.

Corporation Corp.

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Date: March 8th 2023



Acme LLC.

Corporation Corp.

This Contract is between Client (the "Client") and Acme LLC, a California limited liability company (the "Coach").

The Contract is dated January 23, 2023.


1.1 Project. The Client is hiring the Coach to develop a coaching relationship between the Client and Coach in order to cultivate the Client's personal, professional, or business goals and create a plan to achieve those goals through stimulating and creative interactions with the ultimate result of maximizing the Client's personal or professional potential.

1.2 Schedule. The Coach will begin work on February 1, 2023 and will continue until the work is completed. This Contract can be ended by either Client or Coach at any time, pursuant to the terms of Section 4, Term and Termination.

The Coach and Client will meet by video conference, 4 days per month for 2 hours.

1.3 Payment. The Client will pay the Coach an hourly rate of $150. Of this, the Client will pay the Coach $500.00 (USD) before work begins.

1.4 Expenses. The Client will reimburse the Coach's expenses. Expenses do not need to be pre-approved by the Client.

1.5 Invoices. The Coach will invoice the Client in accordance with the milestones in Section 1.3. The Client agrees to pay the amount owed within 15 days of receiving the invoice. Payment after that date will incur a late fee of 1.0% per month on the outstanding amount.

1.6 Support. The Coach will not be available by telephone, or email in between scheduled sessions.


- A coaching relationship is a partnership between two or more individuals or entities, like a teacher-student or coach-athlete relationship. Both the Client and Coach must uphold their obligations for the relationship to be successful.

- The Coach agrees to maintain the ethics and standards of behavior established by the International Coaching Federation (ICF).

- The Client acknowledges and agrees that coaching is a comprehensive process that may explore different areas of the Client's life, including work, finances, health, and relationships.

- The Client is responsible for implementing the insights and techniques learned from the Coach.


3.1 Overview. This section contains important promises between the parties.

3.2 Authority To Sign. Each party promises to the other party that it has the authority to enter into this Contract and to perform all of its obligations under this Contract.

3.3 Coach Has Right To Give Client Work Product. The Coach promises that it owns the work product, that the Coach is able to give the work product to the Client, and that no other party will claim that it owns the work product. If the Coach uses employees or subcontractors, the Coach also promises that these employees and subcontractors have signed contracts with the Coach giving the Coach any rights that the employees or subcontractors have related to the Coach's background IP and work product.

3.4 Coach Will Comply With Laws. The Coach promises that the manner it does this job, its work product, and any background IP it uses comply with applicable U.S. and foreign laws and regulations.

3.5 Work Product Does Not Infringe. The Coach promises that its work product does not and will not infringe on someone else's intellectual property rights, that the Coach has the right to let the Client use the background IP, and that this Contract does not and will not violate any contract that the Coach has entered into or will enter into with someone else.

3.7 Client-Supplied Material Does Not Infringe. If the Client provides the Coach with material to incorporate into the work product, the Client promises that this material does not infringe on someone else's intellectual property rights.


This Contract is ongoing until it expires or the work is completed. Either party may end this Contract for any reason by sending an email or letter to the other party, informing the recipient that the sender is ending the Contract and that the Contract will end in 7 days. The Contract officially ends once that time has passed. The party that is ending the Contract must provide notice by taking the steps explained in Section 9.4. The Coach must immediately stop working as soon as it receives this notice unless the notice says otherwise.

If either party ends this Contract before the Contract automatically ends, the Client will pay the Contractor for the work done up until when the Contract ends. The following sections don't end even after the Contract ends: 3 (Representations); 6 (Confidential Information); 7 (Limitation of Liability); 8 (Indemnity); and 9 (General).


The Client is hiring the Coach as an independent contractor. The following statements accurately reflect their relationship:

- The Coach will use its own equipment, tools, and material to do the work.

- The Client will not control how the job is performed on a day-to-day basis. Rather, the Coach is responsible for determining when, where, and how it will carry out the work.

- The Client will not provide the Coach with any training.

- The Client and the Coach do not have a partnership or employer-employee relationship.

- The Coach cannot enter into contracts, make promises, or act on behalf of the Client.

- The Coach is not entitled to the Client's benefits (e.g., group insurance, retirement benefits, retirement plans, vacation days).

- The Coach is responsible for its own taxes.

- The Client will not withhold social security and Medicare taxes or make payments for disability insurance, unemployment insurance, or workers compensation for the Coach or any of the Coach's employees or subcontractors.


6.1 Overview. This Contract imposes special restrictions on how the Client and the Coach must handle confidential information. These obligations are explained in this section.

6.2 The Client's Confidential Information. While working for the Client, the Coach may come across, or be given, Client information that is confidential. This is information like customer lists, business strategies, research & development notes, statistics about a website, and other information that is private. The Coach promises to treat this information as if it is the Coach's own confidential information. The Coach may use this information to do its job under this Contract, but not for anything else. For example, if the Client lets the Coach use a customer list to send out a newsletter, the Coach cannot use those email addresses for any other purpose. The one exception to this is if the Client gives the Coach written permission to use the information for another purpose, the Coach may use the information for that purpose, as well. When this Contract ends, the Coach must give back or destroy all confidential information, and confirm that it has done so. The Coach promises that it will not share confidential information with a third party, unless the Client gives the Coach written permission first. The Coach must continue to follow these obligations, even after the Contract ends. The Coach's responsibilities only stop if the Coach can show any of the following: (i) that the information was already public when the Coach came across it; (ii) the information became public after the Coach came across it, but not because of anything the Coach did or didn't do; (iii) the Coach already knew the information when the Coach came across it and the Coach didn't have any obligation to keep it secret; (iv) a third party provided the Coach with the information without requiring that the Coach keep it a secret; or (v) the Coach created the information on its own, without using anything belonging to the Client.

6.3 Third-Party Confidential Information. It's possible the Client and the Coach each have access to confidential information that belongs to third parties. The Client and the Coach each promise that it will not share with the other party confidential information that belongs to third parties, unless it is allowed to do so. If the Client or the Coach is allowed to share confidential information with the other party and does so, the sharing party promises to tell the other party in writing of any special restrictions regarding that information.


Neither party is liable for breach-of-contract damages that the breaching party could not reasonably have foreseen when it entered this Contract.


8.1 Overview. This section transfers certain risks between the parties if a third party sues or goes after the Client or the Coach or both. For example, if the Client gets sued for something that the Coach did, then the Coach may promise to come to the Client's defense or to reimburse the Client for any losses.

8.2 Client Indemnity. In this Contract, the Coach agrees to indemnify the Client (and its affiliates and their directors, officers, employees, and agents) from and against all liabilities, losses, damages, and expenses (including reasonable attorneys' fees) related to a third-party claim or proceeding arising out of: (i) the work the Coach has done under this Contract; (ii) a breach by the Coach of its obligations under this Contract; or (iii) a breach by the Coach of the promises it is making in Section 3 (Representations).

8.3 Coach Indemnity. In this Contract, the Client agrees to indemnify the Coach (and its affiliates and their directors, officers, employees, and agents) from and against liabilities, losses, damages, and expenses (including reasonable attorneys' fees) related to a third-party claim or proceeding arising out of a breach by the Client of its obligations under this Contract.


9.1 Assignment​. This Contract applies only to the Client and the Coach. Neither the Client nor the Coach can assign its rights or delegate its obligations under this Contract to a third-party (other than by will or intestate), without first receiving the other's written permission.

9.2 Arbitration. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising under this Contract, a party may demand that the dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules.

9.3 Modification; Waiver. To change anything in this Contract, the Client and the Coach must agree to that change in writing and sign a document showing their contract. Neither party can waive its rights under this Contract or release the other party from its obligations under this Contract, unless the waiving party acknowledges it is doing so in writing and signs a document that says so.

9.4. Noticies.

(a) Over the course of this Contract, one party may need to send a notice to the other party. For the notice to be valid, it must be in writing and delivered in one of the following ways: personal delivery, email, or certified or registered mail (postage prepaid, return receipt requested). The notice must be delivered to the party's address listed at the end of this Contract or to another address that the party has provided in writing as an appropriate address to receive notice.

(b) The timing of when a notice is received can be very important. To avoid confusion, a valid notice is considered received as follows: (i) if delivered personally, it is considered received immediately; (ii) if delivered by email, it is considered received upon acknowledgement of receipt; (iii) if delivered by registered or certified mail (postage prepaid, return receipt requested), it is considered received upon receipt as indicated by the date on the signed receipt. If a party refuses to accept notice or if notice cannot be delivered because of a change in address for which no notice was given, then it is considered received when the notice is rejected or unable to be delivered. If the notice is received after 5:00pm on a business day at the location specified in the address for that party, or on a day that is not a business day, then the notice is considered received at 9:00am on the next business day.

9.5 Severability. This section deals with what happens if a portion of the Contract is found to be unenforceable. If that's the case, the unenforceable portion will be changed to the minimum extent necessary to make it enforceable, unless that change is not permitted by law, in which case the portion will be disregarded. If any portion of the Contract is changed or disregarded because it is unenforceable, the rest of the Contract is still enforceable.

9.6 Signatures. The Client and the Coach must sign this document using Bonsai's e-signing system. These electronic signatures count as originals for all purposes.

9.7 Governing Law. The validity, interpretation, construction and performance of this document shall be governed by the laws of the United States of America.

9.8 Entire Contract. This Contract represents the parties' final and complete understanding of this job and the subject matter discussed in this Contract. This Contract supersedes all other contracts (both written and oral) between the parties.



Acme LLC.

Corporation Corp.
Table of contents
Digital Marketing Contract Template
Use this digital marketing contract now for free

What Is a Digital Marketing Contract?

A digital marketing contract is a legally binding agreement between you, the marketer, and your client. It outlines the responsibilities of both parties while protecting the rights of each person. It is a finalized legal agreement between the client and a freelancer.

We all know digital marketing is a broad profession, you can specialize in anything from websites, branding, advertising, social media, or any other marketing service. Whatever the title is that you hold, every digital marketer needs a contract.

If you offer a broad range of digital marketing services, or maybe you're starting a digital marketing agency, it’s a good idea to get yourself a contract template. This way you’ll be able to easily edit what services you’re providing to the client while keeping your fundamentals protected.

All in all, a digital marketing agreement is your safeguard towards doing a job well and within your expected boundaries.

Note: Sign-up now for free to start editing your digital marketing contract template. It’s super easy to create, download and send, plus it’s been written and reviewed by top lawyers.

Why You Need a Contract for Digital Marketing

Along with it protecting your rights and interests, you’ll be able to set out all your key responsibilities within the contract. This will make sure that you’re not expected to pick up tasks that lie outside your specialty, causing you to underperform or undercharge. This is especially important when you work as a freelancer or independent contractor, rather than a full-time employee.

There are plenty of specifics that go into a digital marketing agreement that you may not be aware of at first. It will outline the responsibilities of you and the client, what the scope of work is, liability and dispute resolutions, intellectual property rights, access to confidential information, termination criteria, and much more.

Imagine just having a handshake agreement for all these terms and conditions! A contract will cover everything you need to do the job right, and protect you if there are any mishaps.

What Should Be Included in a Digital Marketing Contract?

If you offer digital marketing services to your clients, you need a solid agreement in place. But what should it include? Well, campaign-specific goals, objectives, milestones and metrics need to be clarified, and client expectations need to be managed. Without a contract to enforce this, things could get messy and fast.

So, here’s what you should include in your next digital marketing contract template to keep everyone happy and your project on track:

Detailed descriptions of the work

As with any marketing agreement, you need to be crystal clear about who the contract is between and the nature of the relationship. This helps to clarify the roles, responsibilities, and obligations of both parties involved. This means outlining what the job will entail, and basically what it is that you’re going to achieve. For example, in the digital marketing proposal template, you include that you'll handle the analysis of the competitive environment, you'll include that in the description or contract.

The cornerstone of every good digital marketing agreement is being specific about the subject matter. You should also name who’s responsible for delivering you the info to complete each task and project, and when you need it.

Timeline for deliverables

‍After you detail all your digital marketing services, you need to outline the project scope.

Use numbers and dates when talking about volume, timeframes, drafts, or iterations—otherwise, the scope could be open to interpretation and lead to friction or impact your ability to achieve your stated goals. It’s good to be as detailed as possible here—you don’t want a “scope creep” situation where your client keeps changing the project or adding on more work which means you won’t hit your targets or meet deadlines.

Payment details

This section will make or break a contract for many freelancers. You and your client need to agree on your payment terms, more specifically, how much and when you’ll be paid.

Most digital marketers will charge per hour or use a quotation template to charge a total amount based on the services provided. If you’re working on a long-term marketing campaign, you may wish to set up milestone or performance-related payments. These would be contingent on the delivery of certain milestones and have a monetary increase over time due to good performance.

However you want to structure your payment schedule, remember to use an invoice to get an upfront deposit before the work begins, discuss expenses and compensation, and agree to a timeframe for paying the invoices and any late fees that may occur.

Copyright and IP (intellectual property)

Some digital marketers will be creating the content themselves, so it’s a good idea to put in a clause around copyright and intellectual property rights. This will cover what the client owns, how intellectual property will be handled, as well as any permissions that are given to use the final product in your portfolio.


Both parties will have to agree on the handling of confidential information. Confidentiality is important to protect your personal information (as well as the client’s customers) and company trade secrets. Setting up a non-disclosure agreement and non-compete clause will cover both party's rights and interests in this area.

Termination of contract

Every digital marketing agreement will include a section for terminating the contract. This is usually on a specific date or once a project is completed, but it’s also good to outline any other reasons why a contract can be terminated earlier.

Other factors

If you’re taking over your client’s social media accounts, using tools, or analyzing data, you’ll need them to grant you access. This can include their Google Analytics account or any other third-party software they may use.

Digital Marketing Contract Sample

We know many digital marketers need to visualize, so sign up now to Bonsai for free and see a sample of our digital marketing contract template. This is how the pros do it.

What’s the Benefit of Using Bonsai, Instead of Editing a Template Yourself?

When you create and edit your own template, you run the risk of missing out on important clauses that can affect your rights and the validity of the contract. Bonsai’s contract templates are vetted by legal experts and hundreds of other freelancers, so you can be sure all the necessary information is covered.

How to Create a Digital Marketing Contract With Bonsai?

Here are a few simple steps to follow for creating your own legally sound contract:

  1. Select your template
  1. Add your basic info
  1. Add your scope of work
  2. Add your payment terms and info
  1. Review and sign your final contract

After that, you've got yourself a fully fleshed-out and vetted digital marketing agreement. If you want to make any edits to the template, you can do so before sending it to your client.

It’s really that simple! You can also keep track of all your contracts and templates from your Freelance Dashboard.

Digital Marketing Contract FAQs

How much should a digital marketing freelancer charge?

As of 2021, digital marketers in the U.S usually charge between $50-$200 per hour. That’s a huge difference!

But it makes sense too. Besides experience, there are so many different marketing services you can offer a client. All of these can be dependent on the level of specialty needed, as well as what state or country you’re in, and even the company or client involved.

Do I need a contract for a freelance marketer?

The overall marketing industry is predicted to grow 10% by 2026, which means freelance jobs are likely to increase too. So, if you want security, legal protection, and clarity on the responsibilities of the different jobs you'll be getting—you need a contract. An agreement of this type is almost always beneficial, and by using a marketing contract template, you don’t have to spend a lot of time on it either.

What if I want to renew the marketing contract?

Renewing a contract will depend on performance satisfaction, project scope, or whether you're using clever techniques to get an extension. This is something both parties will need to discuss in advance of the contract’s termination date.

Fortunately, when you use Bonsai you can make this service totally automated. Once you have an account, you can set up automatic reminders for your client to renew the contract. Once they’ve agreed and signed, you’ll both receive an updated version of the marketing agreement. It’s that simple.

Frequently Asked Questions

Questions about this template.

How do you write a contract for digital marketing?

Start by including a statement of work, project overview, terms of service, cost, specific clauses about the agreement, late fees and milestone payments. You could also try Bonsai's contract templates and easily customize each field.

What is a digital marketing agreement?

A marketing contract specifies an agreement on a specific transaction or service must be reached. It lays forth in detail the duties that must be performed, the cost, and other conditions that must be met by the parties.

How much do freelance marketers charge?

Many freelancers charge an hourly rate between $50-$200 depending on their experiences and skills. A freelancers reputation often influences their rate.