Master Services Agreement for Performance Marketing Agencies: What to Include (Customizable Template)

Introduction

As a performance marketing agency, having a clear Master Services Agreement (MSA) is crucial for managing your multi-phase projects, approvals, and handoffs smoothly. A well-drafted MSA sets the foundation for successful collaborations and protects both you and your clients. Customize your Master Services Agreement now to ensure that you cover all your bases.

Legal Terms: What Matters Most for Performance Marketing Agencies

Intellectual Property (IP) Ownership

• Make it clear that IP ownership transfers only upon full payment of fees. This ensures that the client cannot use your work until they have fulfilled their financial obligations.
• Avoid allowing clients to feed your work product into AI models. Protect your creations from being misused or devalued.
• Be clear about attribution and portfolio rights. Retaining source files is often recommended, so you maintain control over how your work is presented.

Revision Limits, Acceptance, and Payment Milestones

• Set reasonable limits on revisions to avoid endless back-and-forth. For instance, consider capping the number of revisions to two rounds.
• Define clear acceptance criteria for deliverables. This helps manage expectations and ensures both parties are on the same page.
• Create a straightforward milestone schedule for payments. This could align payments with completed phases of work, so you receive compensation as projects progress.

Scope Creep and Change Orders

• Establish clear triggers for when a change order is necessary. This might include changes in project scope or timelines that warrant additional negotiation.
• Provide pricing guidance for changes. This helps clients understand any additional costs before they agree to changes in the scope of work.
• Include language that addresses how changes can impact the overall project schedule, so everyone knows what to expect.

Helpful Clauses for Performance Marketing Agencies

• Consider adding a confidentiality clause to protect sensitive information shared between you and your clients.
• A non-solicitation clause can prevent your clients from poaching your talent, which is important for protecting your team's stability.

How Counsel Club Helps

Counsel Club re-imagines legal for startups, freelancers, and creative entrepreneurs. Our platform allows you to search for lawyer-drafted forms for startups, freelancers, content creators, and other creative entrepreneurs. Our platform guides you through modifications, both to the contract and the scope of work. Counsel Club has the most sophisticated drafting tool on the market, and it was designed and developed by lawyers. If you want more help, reach out to a Counsel Club lawyer through our Concierge program. Our legal agent, Amicus, was trained on proprietary legal data to be your best legal assistant. Finally, legal for today, that is fast, protective, and cost effective.

Questions to Ask Amicus

• What rights do I retain over my work once I complete a project?
• How do I handle requests for additional revisions beyond what is outlined in my agreement?
• What steps can I take to address scope creep without disrupting my workflow?

Closing CTA

By creating a Master Services Agreement specifically for your performance marketing agency, you ensure clarity and protection in your client relationships. Don't forget to pair it with Statements of Work (SOWs) for comprehensive coverage. Customize your Master Services Agreement now to kickstart your projects with confidence!