Sample Social Media Marketing Agreement 1 Template

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Summary

Sample Social Media Marketing Agreement #1
This Agreement is made and entered into on the [start date] until [end date], unless
extended by any subsequent written indication

Between
, having its office at (hereinafter
referred to as “Agency”) of the ONE PART;
And
having its office at . (hereinafter referred to as “Client”)
of the OTHER PART
1. BACKGROUND
has expertise in creating social media marketing and research services

operates a service based on this system, which can be provided to Name>

will develop Social Media Marketing & Social Media Research for Name>. Against this background, the Parties have agreed to the terms that follow

For the period of 1st May 2012 to 31st October 2012, a Social Media Campaign will be built
for on Facebook Twitter, Youtube ,

To provide, via :

has the right to bill additionally, upon mutual agreement, for any
application development, meetups, based
on a proforma and email approval from

2. GENERAL CONDITIONS
The Service supplied under this Agreement shall be subject to ’s general
terms and conditions as set forth in (“Terms & Conditions”)

3. REMUNERATION / INVOICING AND PAYMENT TERMS
The cost for Social Media Management will be plus
Service Tax per month to be paid within 90 days period>
4. TERMS & CONDITIONS
These terms and conditions constitute an agreement with you and , a
company incorporated in India, whose registered office is at

The Retainer amount is subject to increment if the Scope of Work or Duration increases
beyond the deliverables or expectancy

shall notify the in writing one(1) month in advance
whenever they would like to discontinue the engagement and vice versa. In case of
termination will pay the amount invoiced till the termination date to

Any notice given by one party to the other pursuant to this Contract shall be sent to the
other party in writing or by fax and confirmed in writing to the other party’s specified
address. The same has to be acknowledged by the receiver in writing

In cases of dispute, claim & legal action arising out of the contract, the parties shall be
subject to the jurisdiction of courts in Mumbai (India) only

5. REPRESENTATION AND WARRANTIES –
hereby represents, undertakes and warrants that the services provided by
under this Agreement does not violate/infringe, or shall not at any time
during or after this Agreement violate/infringe the intellectual property rights of any third
party IN WITNESS WHEREOF the parties hereto have hereunto set their hands as on the date
of this Agreement:
6. SIGNED, SEALED AND DELIVERED by –
For and on Behalf of For and on Behalf of
(__________________________________) (__________________________________)
Company: India Pvt. Ltd. Company:
Place: Place:
Name : Name :
Designation : Designation :
Date: Date:
Sample Social Media Marketing Agreement #2
This Agreement is executed at Mumbai on the ……(date) of ………(month), (_______year )
between , , (a company registered under the Indian
Companies Act 1956 and hereinafter referred to as "the Agency" which expression shall
include its successors and assigns) of the one part hereafter also to be referred as “AGENCY”
&
M/s (XYZ), Add (….) (a company registered under the Indian Companies Act 1956 and
hereinafter referred to as "the Client", which expression shall include its successors and
assigns) of the second part., hereafter also to be referred as the “CLIENT”
It is agreed by and between the Client and the Agency as follows:
1. AGENCY APPOINTMENT
The Client hereby appoints the Agency to handle all advertising, communication and
related work on social media required for its brand. (Name of the brand …..)
2. AGENCY SERVICES
The Agency shall provide to the Client, services, which shall include the following:
Setting up social media platforms such as Facebook, Twitter, Youtube, etc
Creating content, engagement as well as ongoing management of these
platforms
Monitoring social media conversations and responding to the same
Managing all social media communication as more clearly elaborated in the
pitch presentation

3. COMMENCEMENT AND DURATION
This agreement is deemed to commence from the (DD/MM/YY), and shall remain in
force for (number of) months. The agreement may be renewed thereafter as may be
mutually agreed by both parties

4. CONFIDENTIALITY
The Agency shall maintain absolute confidentiality with respect to any confidential
information received from the Client. The Agency shall not disclose any such
information without obtaining Client's specific prior consent, otherwise than in
compliance with statutory requirements

5. GOVERNING LAWS
The Client and the Agency shall comply with all statutory regulations. This agreement
will be subject to Mumbai jurisdiction

6. AGENCY FEES AND REMUNERATION
The Client agrees to pay the Agency a retainer fee of Rupees (amount)/- only per
month. This amount will be payable at the beginning of the month, upon receipt of
invoice from the Agency

All out-of-pocket expenses such as outstation travel, stay, etc incurred by the Agency,
as part of this assignment, would be borne by the Client. Such out of pocket expenses
will be incurred by the Agency only after specific approval from the Client

Similarly charges for any other services including video creation, application
development, media buy, purchase of licensed images and content, etc. if applicable,
will be charged extra

7. TAXES
All statutory taxes/levies (including service tax presently levied on advertising services)
shall be borne and paid by the Client to the Agency. Service tax @12.36
%, or as may be prescribed by law from time to time, will be charged on all invoices
raised by the Agency. At time of payment of the fees, the Client may deduct TDS @ 2%
under section 194 C (1). Necessary TDS certificate will be issued by Agency to the
Client, for same

8. PAYMENT TERMS
The Client agrees to pay Retainer Fees against Invoices at the beginning of the month
for that particular month. All other Invoices raised on the Client will become payable
within 7 days from the date of all such Invoices

9. INDEMNITY
The Agency shall indemnify and keep the Client indemnified against all losses,
expenses or damages that may be suffered by the Client due to any default or breach
of terms by the Agency under this Agreement. The Client shall indemnify and keep the
Agency indemnified against all losses, expenses or damages that may be suffered by
the Agency due to any default or breach of terms by the Client under this Agreement

10. NON- SOLICITATION
Both the Client and the Agency hereby covenant that during the term of this agreement
and for a period of one year following its termination or expiration, it shall not, without
the previous written consent of other party, employ or contract the services of any
person who was employed by the party at any time during a period of 12 months
preceding the date on which the offer for employment is made to the party

11. FORCE MAJEURE
Neither the Client, nor the Agency, shall be liable for any default, delay or lapse
occurring due to events beyond their control including riot, strike, theft, war, or acts of
God and/or nature

12. EVALUATION
The Client and the Agency shall evaluate progress under this agreement at the
beginning of every quarter and take corrective action as may be required

13. MODIFICATION IN TERMS
Any changes in the terms and conditions contained herein shall have effect only
prospectively, and shall be valid only if recorded in writing and signed by the authorized
officials of the Client and the Agency

14. WAIVER
The failure of either party at any time to enforce any provision of this Agreement, shall
in no way affect its right thereafter to require complete performance by the other party

Further, waiver of any breach of any provision shall not be held to be a waiver for any
subsequent breaches. Any waiver shall be valid only if it is recorded in writing and
signed by the authorized officials of the Client and the Agency

15. TERMINATION
Either party may terminate this agreement by giving 2 months written notice to the
other, without assigning any reason whatsoever. The obligations of the parties shall
continue during the notice period

16. ARBITRATION
Any dispute, difference or question arising out of this agreement shall be settled
amicably between the parties, failing which the same shall be referred to arbitration
under the Indian Arbitration Act, and the place of arbitration shall be Mumbai

17. NOTICES
Any or all notice to be given by the parties hereto to each other under this agreement
shall be in writing and shall be transmitted (a) by registered post or by courier service
or by personal delivery, as elected by the party giving such notice, at the addresses as
mentioned below:
a) In the case of notice to the Agency at:
b) In the case of notice to the Client at:
IN WITNESS WHEREOF the parties hereto have executed this Agreement in duplicate through
their respective duly authorized officials on the day, month and year hereinabove mentioned

For: For:
……………………………….. ……………………………….

Chief Executive Officer
Sample Social Media Marketing Agreement #3
This Agreement is made on in Mumbai, India, , a limited company
incorporated under the provisions of the Companies Act, 1956 having its Registered office at
(hereinafter referred to as “Agency”) of the ONE PART;
And
Xyz having its registered office at … (hereinafter referred to as “Xyz”, which term shall mean
and include its successors and permitted assigns) of the OTHER PART
and Xyz are here after each referred to as a "Party" and together the
"Parties"

1. SCOPE OF AGREEMENT
The Scope of this Agreement includes digital marketing activities for Xyz as a brand. Social
Media Platforms mutually shortlisted and agreed upon by both parties shall be managed by
. Anything beyond the scope of the agreement and activities mentioned will
be charged separately

2. SERVICES TO BE PROVIDED BY :
It is hereby agreed that shall provide following professional services on
terms and conditions of this Agreement:
a) shall conceptualize, design, create strategies & campaigns for ‘ Xyz’ on
the following Social Media Platforms
-Facebook
-Twitter
-Pinterest
-YouTube
b) shall provide all ongoing necessary bandwidth, networking, any other
technical support as required
c) shall be responsible for all the content, creative and communication
done across Social Media platforms from the official accounts of ‘ Xyz’
d) shall ensure that there is uniform communication across all the Digital
Platforms and if required will sync/replicate the Offline Communication and Campaigns on
the Digital Media
3. GENERAL CONDITIONS
The Service supplied under this Agreement shall be subject to terms and conditions as set
forth hereinafter

DATA PROTECTION: The data collected during the term of the agreement shall be
exclusively used for Xyz and Xyz shall exclusively own the same. shall
collect the data in accordance with the privacy laws

METRICS AND MEASUREMENT: shall endeavor to measure the volume,
reach, engagement, influence, feedback etc and shall periodically report to Xyz

4. CONFIDENTIALITY:
and ‘Xyz’ will maintain in confidence and will not disclose to third parties
without the other’s prior written consent (i) the specific terms of this Agreement; and (ii)
information that is proprietary or confidential to ‘Xyz’ . The confidentiality provisions of this
Agreement will not apply to and will exclude information generally available to the public, or
disclosed to a third party by the owning party without restriction, information rightfully
obtained from other sources, information independently developed by the receiving Party or
information previously known to a Party (and all analyses, compilations, studies or other
documents prepared by the Parties, their agents, employees or professional advisors, which
are based on such non-confidential information)
5. ARBITRATION
Any claim, dispute or difference between the Parties shall be referred to the arbitration of a
sole arbitrator to be jointly appointed by the Parties. If the Parties are unable to jointly agree
to a sole arbitrator then the reference shall be made to an arbitral tribunal comprising of
three arbitrators of which one will be appointed by Xyz, one by and the
third arbitrator shall be appointed by the aforesaid two arbitrators. All proceedings in any
such arbitration shall be conducted in English. The Arbitration shall take place in Mumbai,
India and shall be governed by the Arbitration and Conciliation Act, 1996 or other law
relating to arbitration in force in India at the relevant time. The arbitration award shall be
binding upon both parties to this agreement (Cost of the Arbitration to be borne equally by
both the parties, in the absence of any order as to costs in the Arbitration Award)

6. REMUNERATION
In consideration of providing the services envisaged underclause 2 hereinabove. Xyz shall
pay a sum of Rs. …/- (Rupees … only) per month as SMO fee (exclusive of
service tax of 12.36% ) for a period of 1st December 2012 till 30th November 2013 during the
Term of this Agreement. In addition to the same any other platform application development
and media buys on any social media platform are exclusive of the monthly retainer fee for a
period of 1st December 2012 till 30th November 2013

Remuneration to the Publishers will be paid by Xyz (via or otherwise) in
accordance with any of the models set out and at payment rates applicable from time to
time with the prior written approval from Xyz

7. TERM AND TERMINATION
i. This Agreement shall become effective on the Effective Date 1st December 2012 and
shall expire on 30th November 2013. Parties may renew this Agreement on mutually
acceptable terms and conditions after giving 30 (thirty) days prior written notice of
such renewal

ii. Xyz and shall have the right to terminate this Agreement, post first 6
months of evaluation, by giving 30 (thirty) days’ notice for any reason whatsoever

iii. hereby undertakes to complete all pending assignments being
performed / to be performed by it for Xyz hereunder prior to such a termination and
continue to perform all the Services of a continuous nature till the termination
becoming effective

iv. In advent of closure of any Service or termination of this Agreement,
is entitled to temporarily suspend / change / retain usernames and passwords of the
Social Media Platforms managed till such a time the pending dues are cleared by Xyz

8. MISCELLANEOUS:
a) This Agreement constitutes the entire agreement between the parties hereto in relation
to its subject matter and supersedes all prior agreements and understandings whether oral
or written with respect to such subject matter and no variation of this Agreement shall be
effective unless reduced to writing and signed by or on behalf of each Party

b) In the event that any term, condition or provision of this Agreement is held to be in
violation of any applicable law, statute or regulation the same shall be deemed to be
severable from the other provisions of this Agreement and this Agreement shall be
construed as if such term, condition or provision had not been contained in this Agreement

c) Neither Party shall be liable or responsible for any failure or delay to perform any of their
obligations under this Agreement when such failure or delay is due to Force Majeure, which
term shall include fire, riot, strike, lockout, war, civil commotion, accident, breakdown of
plant or machinery, flood, labour unrest, acts of God, omissions or acts of public authorities,
changes in law, regulations or policies of the Government or any other reason beyond the
control of Parties

d) Any notice to be given by either Party to this Agreement shall be in writing and shall be
deemed to be duly served if delivered by hand, prepaid registered post or through a delivery
service/courier at that Party’s address stated above or any other address which that Party
may have intimated the other Party for this purpose in accordance with the provisions of this
clause

e) This agreement does not constitute any partnership or joint-venture between the Parties
hereto and is an agreement on principal to principal and non-exclusive basis

Intending to be bound, the parties do hereby execute this agreement
Read, agreed and accepted Read, agreed and accepted
For Xyz For
By its Authorized Signatory By its Authorized Signatory
Sample Social Media Marketing Agreement #4
Date: __________________
To, _______________
Re: Letter of Appointment (“LOA”)
Dear Mr. _________,
With reference to our ongoing discussions with you, based on which we have outlined here in
below the terms on which “” will undertake the following activities as per
the Scope of Work (stated below) for “___”, a brand of _________.:
I. Term:
This letter of appointment is effective from the till the
(both days inclusive)

II. Scope of Work/Services:
As the Social Media consultant, in consideration of the full and timely payment as
per the “Compensation Terms” (stated below), will provide the
following Social Media services to ______ for the brand “______”:
Ongoing Activities:
Platforms to be used:
1. Optimisation of Facebook Page
2. Optimisation of Twitter page
3. Optimisation of the Blog
4. Optimisation of the Youtube Channel
5. Measurement and reporting at the end of the month
III. Compensation Terms
(a) ___________ will be billed an initialization fee of Rs. ________ exclusive of Local taxes
as applicable which is payable by the 10th (tenth) day of the month of
initialization of social media services

(b) ______ Will be billed a retainer fee of Rs. ______/- (in words_____) per month
exclusive of Local taxes as applicable which will be payable by the 10th (tenth) day
of the month, for the month in which the services are rendered. This fee will be
for the corresponding two months after the month of initialization of social media
services

(c) All third party costs to be borne by _____________ and will be pre approved by
_________
(d) Any service rendered beyond the scope of work mentioned above to be charged
additionally

IV. Termination
Either party can terminate the contract giving one month’s notice. However, in
case of termination of the Letter of Appointment,_________ would be liable to settle
all pending invoices as on the last day of termination

V. Applicable law and Jurisdiction:

A) <Agency Name> shall conceptualize, design, create strategies & campaigns for ‘ Xyz’on the following Social Media Platforms-Facebook-Twitter-Pinterest-YouTube b) <Agency Name> shall provide all ongoing necessary bandwidth, networking, any other technical support as required

Frequently Asked Questions

How much to invest in social media marketing?

Social media costs depend on multiple factors, from the platform to the industry. On average, businesses invest $4000 to $7000 per month on social media management, which includes marketing and advertising on one or more networks — if outsourcing, social media services cost $900 to $20,000 per month and social media consultants cost $75 to $500 per hour.

What is the role of social media in marketing?

• You can use social media to provide an identity to who you are and the products or services that you offer.
• You can create relationships using social media with people who might not otherwise know about your products or service or what your companies represent.
• You can be more "human" to costumers. ...

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What are the challenges of social media marketing?

Common Challenges of Social Media Marketing in 2021

• Every day, 45% of the world spends 145 minutes on social media.
• Around 73% of marketers believe social media marketing is effective.
• For nearly 80% of people, Social media ads are driving purchase decisions.

Is social media marketing really effective?

Social media is an effective marketing communications platform that can really help your brand get noticed. Facebook, Twitter, Vimeo, LinkedIn, Instagram and Snapchat (the list goes on and on) are ever increasing in popularity.

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