The key to writing Internet advertising agreements

Since the advent of the Internet in the mid-1990s, advertising offers are extremely common. As we all know, businesses are advertising on the Internet by using banner advertising and through search engines like Yahoo and Google to bring users to their websites. This article will discuss the main provisions typically found in Internet advertising agreements and hopefully provide publishers with councils agreements before beginning the difficult drafting process. For the purposes of this article, the business that buys advertising must be called a ‘buyer’ and the seller of the advertisement should be called an ‘advertiser’.

1. Definitions

The first paragraph of an Internet advertising agreement should state the definitions of the key terms that the Agreement refers to frequently. Since the agreement is likely to use the term “click-through,” this term must be defined and generally described as a “user presence on the website of the buyer of advertising that comes from promotional announcements or promotions the advertiser as a party Of this agreement “.

2. term

This paragraph should state that the agreement will commence on the Effective Date and will last for a period of time.

3. Positioning

This should specify how banner ads are placed on the advertiser’s website. This provision can simply refer to a positioning schedule that is attached as an exhibit. On the other hand, if the parties have decided not to agree to a specific positioning schedule, the agreement could simply recite that the advertiser has the exclusive power to control the positioning, since he uses his best efforts to place the flags in relation relation With traffic to the buyer’s website. The publisher for the advertiser can also recite that the advertiser is not responsible for claims relating to usage statistics.

4. mouse in the world

Before a publisher of an advertising agreement can go to work, you need to know if your customer will pay for advertising or by right clicking. A “click” means that a user clicks on the banner or the link to the buyer’s website. If the agreement matches a certain number of clicks per month, this provision of the agreement must clearly describe the commitments made by the advertiser. Let’s say the advertiser promises 1,000 clicks a month. The agreement could also read: “Advertiser must deliver not less than 1,000 clicks a month, and the buyer must pay the advertiser the monthly amounts according to the schedule of payments shown in Annex A.”

The “click” provision may also want to deal with what happens if the advertiser can not trust the clicks commitments. For example, if the advertiser loses a monthly goal, the advertiser must “repair” the difference within two months. If the advertiser does not change the click difference within two months (60 days), the buyer Suspend a portion of your monthly payments that represent the percentage of clicks peeled by the advertiser until the advertiser offers these types of products. “

5. Exclusive

If the points of the case include an exclusivity clause, the agreement must reflect this intention. The agreement must be prepared to recite something to the effect that “no buyer or competitor, shall authorize the placement of their purchases to advertisers, banners or promotional advertisements as defined in Annex B, and advertiser agrees to make efforts Reasonable to prevent third parties from placing ads on the advertiser’s site to place a banner or buyer’s advertising promotion competitors. “

These are the most important provisions of an Internet advertising agreement. Other provisions relating to limitation of cancellation and termination of owner liability, compensation and the seller’s right to refuse advertising may also be included. In general, it is essential for the publisher of the agreement to know the negotiation points upside down and before drafting the agreement accordingly.