Are you contemplating online advertising for your business? If so, you will probably encounter the website host's complex and lengthy online advertising agreement. Be sure you understand it before you agree to it.
updated November 21, 2023 · 3min read
When you advertise your business, services, or products online, you are required by the website host to enter into an online advertising agreement. Such an advertising agreement form is usually a rather lengthy contract, mostly designed to protect the host's website, and you need to be sure you understand it.
An online advertising agreement is a contract between a business wishing to advertise a product or service, and a provider of internet advertising. The provider can be various types of websites, such as Yahoo, Google, social media channels, news websites, or other companies' websites. This type of agreement also may be called a digital advertising agreement or advertising consent agreement.
The agreement includes provisions as to the amount to be paid and the services to be provided, which protect both the purchaser and the provider. But many of the other provisions are designed to protect the provider, by limiting the provider's liability and placing certain restrictions on the purchaser.
In addition to the standard provisions common to any business contract, a typical online advertising agreement has the following types of provisions:
The online advertising agreement also contains other provisions that are commonly included in any type of business contract, such as choice of law, a requirement for arbitration, a prohibition against assignment of the contract, and no modification except in writing.
There is no such thing as a simple advertising agreement, and internet advertising practices and rules can change. The preparation or review of an online advertising agreement may be done with the assistance of an attorney to be sure that both the purchaser and the provider are properly protected.
by Edward A. Haman, Esq.
Edward A. Haman is a freelance writer, who is the author of numerous self-help legal books. He has practiced law in H...
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