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Marketing Services Agreement review

Engagement of a marketing agency to run campaigns / creative services. Part 255), CAN-SPAM compliance for email, ownership of deliverables, and advertising-claims substantiation (FTC Act § 5).

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What it checks

Scope of services / deliverables / campaign

A marketing services agreement must define the scope of services, deliverables, or the campaign.

Critical · COMM-019

FTC endorsement / testimonial disclosure

Marketing that uses endorsements, influencers, or testimonials must require the FTC-mandated material-connection disclosures.

Critical · COMM-020

CAN-SPAM compliance for email marketing

Email-marketing services must require CAN-SPAM compliance: accurate headers, an opt-out, and a physical address.

Critical · COMM-021

Ownership of deliverables / work product

A marketing services agreement should state who owns the creative deliverables and work product.

Critical · COMM-022

Advertising-claims substantiation

A marketing services agreement should require that advertising claims be truthful and substantiated.

Critical · COMM-023

Consumer-data privacy compliance

A marketing agreement under which the Agency handles consumer data should require privacy-law compliance and a data-processing term.

Critical · COMM-030

Client approval rights over creative and claims

A marketing agreement should reserve the Client's right to review and approve creative and public claims before release.

Critical · COMM-031

Third-party rights clearance and non-infringement of deliverables

A marketing agreement should require the Agency to clear all third-party rights in the deliverables and warrant non-infringement.

Critical · COMM-035

Confidentiality of Client information

A marketing agreement should require the Agency to keep the Client's non-public business information confidential.

Critical · COMM-036

Subcontractor and influencer responsibility (flow-down)

Where the Agency engages subcontractors or influencers, the agreement should make the Agency responsible for them and flow down its obligations.

Critical · COMM-037

Every run also applies 115 general checks that belong to any agreement: structure, parties and signatures, defined terms, cross-references, dates, amounts, and one-sided terms.

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  3. Get a Word report in which every finding quotes the clause and cites the rule and source behind it — one of 1,825 checks across 268 document types.
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