What is a social media marketing agreement, and what are its legal requirements?
A social media marketing agreement defines the duties and obligations of a company responsible for managing an organization’s social media accounts. This agreement generally outlines the responsibilities of both parties, the scope of services, the payment amount, and related legal requirements. Under New York State law, a social media marketing agreement must include specific provisions related to privacy and data protection. The agreement should specify which types of data will be collected, who will own it, and how the data will be stored and used. It should also provide clear guidelines for the company managing the social media accounts about how and when they can access customers’ personal data. In addition, the agreement should include a section on intellectual property. This section should address who owns the intellectual property created during the contract period, such as any videos or posts created for the organization’s social media accounts. It should also contain specific provisions specifying how the organization and the social media management company can use the intellectual property. Finally, the agreement should also include a section on indemnification. This section spells out which party will be held responsible for any legal claims that result from the social media management services provided. It should also clarify which party will be responsible for costs associated with any potential legal claims.
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