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Email Marketing Agreement

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Email Marketing Agreement

Email Marketing Agreement


Price: £45.00 (Including VAT at 20%)

This email marketing agreement template is designed to be comprehensive, flexible and easy to use. If you provide email marketing services, you should ensure that you use properly prepared legal documents to protect against legal and other risks. Most importantly, you should try to ensure that your email marketing systems are not abused and compromised. For this reason, this agreement incorporates a detailed anti-spam policy.

You can get a good idea of the content of the document and the types of edit required by looking at this sample:

Sample Email Marketing Agreement

Email marketing services cover a spectrum: from a fully managed service where the service provider does all the work at one end of the spectrum, to the provision of a web-based email marketing platform used independently by the customer at the other. This email marketing agreement is flexible enough to be adapted for either type of service, or indeed for a service falling between these extremes (e.g. where consultancy service are provided to supplement platform access).

The following provisions are included in the email marketing agreement:

(1) Definitions and interpretation
(2) Term
(3) Services
(4) Customer responsibilities
(5) Legality and spam
(6) Intellectual Property Rights
(7) Charges and payment
(8) Warranties
(9) Limitations and exclusions of liability
(10) Data protection
(11) Confidentiality
(12) Publicity
(13) Termination
(14) Effects of termination
(15) Force Majeure Events
(16) General

At 21 pages long, the template is relatively comprehensive. It includes detailed guidance notes on the editing of the clauses. Once the guidance notes and unwanted optional provisions have been removed, you can expect the finished document to be substantially less then 21 pages long.

The email marketing agreement is supplied in Word format (.doc). If you need it in another format, please do let us know.

You may also be interested in our email marketing terms and conditions template. That template is in substance very similar to this one, with one significant addition: it includes special provisions for online sign-ups. However the main difference is one of style. The T&Cs will usually be incorporated by reference into the contract, and another document- e.g. a proposal - will actually be signed. By contrast, this agreement is in traditional agreement form, with the parties names at the start, the signature block at the end and the variables in schedules to the main agreement.

Email Marketing Agreement Q&A

Email Marketing Agreement Q&A

Does this email marketing agreement place any controls on the content of email sent via the services?

Yes. A section on email content is included in the anti-spam policy that comes with the agreement. It says that emails must not be "deceptive, fraudulent, obscene, indecent, sexually explicit, profane, offensive, or otherwise in breach of the terms of the email marketing agreement". In addition certain basic information, such as company names, registration numbers and registered office addresses, must be included in each email, along with an unsubscribe link.

Where the service provider is supplying a managed email marketing service, what does the agreement have to say about reporting?

The suggested provisions is relatively simple. It says that the service provider will give to the customer written reports about the services, detailing subscription and unsubscribes during each reporting period, and detailing numbers of emails sent, returned and opened in respect of each mailing.

Does the agreement cover free trials?

Optional Clause 7.10 relates to free trials. It says that the service provider may offers free trials for a specified period or within specified usage limits, and that the agreement will apply in full during such a trial, save that: (i) no charges will be payable (obviously!); (ii) the terms of the free trial offer may be varied at any time by the provider; and (iii) the provider has an additional right to terminated on notice (suggested notice is 7 days).

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For more information, see:

Online Catalogue | Web Advertising & Marketing Contracts | Email Marketing Agreements |  Email Marketing Agreement


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