Contracts are the foundation of any legal relationship. Whether you are a Web site owner, an advertiser, a developer or a consumer, you need to have a valid and enforceable contract in place to govern your interactions and obligations with your business partners. We have experience in negotiating and drafting all types of digital media and intellectual property agreements to ensure that your rights and duties are clearly delineated and appropriately managed.
Notification of Changes
Browse Wrap Agreements
Click Wrap Agreements
Shrink Wrap Agreements
A shrink wrap agreement is an agreement that is printed on the back of, or inside, a product. When you break the product’s shrink wrap, you agree to be bound by the terms of the agreement. These agreements may form part of your media-based product if made commercially available, and they form the foundation for the concept of browse wrap and click wrap agreements.
The Uniform Electronic Transactions Act (UETA) provides that a signature may not be denied legal effect or enforceability just because it was made in electronic form. The Electronic Signatures in Global and National Commerce Act (E-SIGN) gives legal validity to electronic contracts. This act applies to emails and digital signatures with encryption, but contains numerous important exceptions depending on the subject matter of the contract. It is advisable to confer with counsel to ensure electronic signatures will be enforceable.
Online Advertising & Marketing Contracts
Online affiliate marketing involves a “publisher” (an individual or organization with a Web site or other source or method of generating online traffic) acting like an advertising team for a business (or “advertiser”) by promoting its products in exchange for a commission. A publisher’s Web site, for example, would typically feature promotional advertisements containing links to an advertiser’s site. Depending on the agreement reached between the publisher and the advertiser (or with an agent or broker for the advertiser such as an “affiliate network”), the publisher will receive a commission when users either click on the advertiser’s advertisement, or when they register with the advertisers’ site, or when they make a purchase from the advertiser.
If you plan on entering into an affiliate marketing agreement as a publisher or an advertising business, it is important that you establish the terms of the relationship from the outset, including when payments will be made, how payouts will be structured, whether there will be specified minimums to be earned before a payout is made, as well as a wide-range of other important provisions.
There are numerous types of affiliate marketing agreements including those between advertisers and publishers, between advertisers and networks or brokers, and between networks or brokers and publishers such as e-mailers, web marketers and search marketers.
Whether you are a publisher, advertiser, network or agency, you need to have well-drafted and enforceable agreements in place to ensure your rights are adequately protected.