Email marketing agreement

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A precedent agreement designed specifically for email marketing services.

Author: Alasdair Taylor
Updated: 7 January 2021
Length: 29 pages
Notes: 28 pages
Format: MS Word (.DOCX)

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.

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).

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 (eg a statement of work) 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.


  1. Definitions
  2. Term
  3. Email Marketing Services
  4. Email Marketing Platform
  5. Client obligations
  6. Client Materials
  7. Client Websites
  8. Online Accounts
  9. Client Trade Marks
  10. Intellectual Property Rights
  11. Reputation and goodwill
  12. Charges
  13. Timesheets
  14. Payments
  15. Confidentiality obligations
  16. Data protection
  17. Warranties
  18. Indemnities
  19. Limitations and exclusions of liability
  20. Force Majeure Event
  21. Termination
  22. Effects of termination
  23. Status of Provider
  24. Notices
  25. Subcontracting
  26. General
  27. Interpretation


  1. Minimum Term
  2. Specification of Services
  3. Specification of Deliverables
  4. Timetable
  5. Client Materials
  6. Financial provisions


  1. Introduction
  2. General usage rules
  3. Unlawful Content
  4. Graphic material
  5. Factual accuracy
  6. Negligent advice
  7. Etiquette
  8. Marketing and spam
  9. Gambling
  10. Monitoring
  11. Data mining
  12. Hyperlinks
  13. Harmful software

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