Insiders Access to Internet Advertising Agreement for eHealth Insurance

The online legal document provider, RealDealDocs.com has released a number of Internet Advertising Agreements for the top companies contracts in America including many Fortune 500 companies. These are actual legal documents drafted by the nation’s top law firms.

The popularity of online health provider eHealth Insurance is unmistakable. The company’s internet marketing agreement can shed some light on how eHealth Insurance has garnered such a firm grasp on the market. Global Green Solutions also has an internet marketing agreement on RealDealDocs.com with Market Pathways Financial Relations.

An Internet Advertising Agreement is a legal document whereby a publisher agrees to provide online advertising to an advertiser through their online outlets.

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Ever since the Internet came of age in the mid 1990s, advertising deals have become extremely common. As we all know, companies advertise on the Internet through the usage of banners and through search engines such as Yahoo and Google in an effort to drive users to their websites. This article will analyze the key provisions usually found in Internet Advertising Agreements and will hopefully provide drafters of these agreements with guidance before they commence the difficult drafting process. For purposes of this article, the company purchasing the advertising shall be referred to as “purchaser” and the seller of the advertising shall be referred to as “advertiser.”

1. Definitions

The first paragraph of an Internet advertising agreement should set forth the definitions of the key terms that the agreement will refer to frequently. Since the agreement will likely use the term “click-through”, this term should be defined, and is usually described as a “user presence on the advertising purchaser’s website that originated through the advertiser’s promotional advertisements or promotions as part of this Agreement.”

2. Term

This paragraph should recite that the agreement will commence upon the effective date and shall last for a specified amount of time.

3. Positioning

This paragraph should clarify how the advertising banners will be positioned on the advertiser’s website. This provision may simply refer to a positioning schedule attached as an exhibit. On the other hand, if the parties decided not to agree on a specific positioning schedule, the agreement might simply recite that the advertiser has sole discretion to control the positioning so long as it uses its reasonable best efforts to position the banners in such a way as to drive traffic to the purchaser’s website. The drafter for the advertiser may also recite that the advertiser shall not be liable for any claims relating to usage statistics.

4. Click-throughs

Before a drafter of an advertising agreement can go to work, she must know whether her client will be paying per banner ad or per click-through. One “click-through” means that a user has clicked on the banner or the link to the purchaser’s website. If the agreement is for a certain amount of click-throughs per month, this provision of the agreement must clearly describe the commitments promised by the advertiser. Let’s say that the advertiser is promising 1,000 click-throughs per month. The agreement could thus read “Advertiser shall deliver no less than 1,000 click-throughs per month, and purchaser shall pay to advertiser the monthly amounts according to the payment schedule set forth in exhibit A.”

This “click-through” provision may also want to address what happens if the advertiser cannot make good on these click-through commitments. For instance, it may recite that “if advertiser misses any monthly target, advertiser shall “make good” the difference within two months. If advertiser does not make good the click-through difference within two months (60 days), purchaser may suspend that portion of its monthly payments that represent the percentage of click-throughs missed by advertiser until advertiser delivers such make goods.”

5. Exclusivity

If the deal points include an exclusivity provision, the agreement must reflect this intention. The agreement should be drafted to recite something to the effect of “no competitor of purchaser shall be permitted to place or purchase from advertiser, banner or promotional advertising as defined in Exhibit B, and advertiser agrees to use reasonable efforts to prevent third parties that are entitled to place ads on advertiser’s site from placing any banner or promotional ads of purchaser’s competitors.”

These are the most important provisions of an Internet Advertising Agreement. Other provisions covering Cancellation and Termination Limitation of Advertiser’s Liability, Indemnification, and Advertiser’s Right to Reject Advertising may also be included. In all, it is critical for the drafter of the agreement to know the deal points backwards and forwards and to carefully draft the agreement accordingly.

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The following blog post addresses some of the provisions most commonly found in Internet Advertising Agreements.

Definitions: The first paragraph of an Internet advertising agreement should set forth the definitions of the key terms that the agreement will refer to frequently.

Term: The agreement should recite how long the agreement is for.

Positioning: This paragraph should clarify how the advertising banners will be positioned on the advertiser’s website, and may refer to a schedule attached as an Exhibit.

Click-throughs: A “click-through” means that a user has clicked on the banner or the link to the purchaser’s website. If the agreement is for a certain amount of click-throughs per month, this provision of the agreement must clearly describe the commitments promised by the advertiser.

Exclusivity: If the deal points include an exclusivity provision, the agreement must reflect this intention. The agreement should be drafted to recite something to the effect of “no competitor of purchaser shall be permitted to place or purchase from advertiser, banner or promotional advertising as defined in Exhibit B, and advertiser agrees to use reasonable efforts to prevent third parties that are entitled to place ads on advertiser’s site from placing any banner or promotional ads of purchaser’s competitors.”

These are the most key provisions of an Internet Advertising Agreement. Once you and your advertising partner have reached an agreement, it is wise to consult an experienced transactional attorney to draft the agreement for you.

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RealDealDocs.com offers more than 1 million online legal documents from agreements to contracts for its members to download and print. In this release from RealDealDocs.com, is the Internet Advertising and Marketing Agreement between the Global Green Solutions and Market Pathways Financial Relations Inc.

Orange County, California - RealDealDocs.com, the leading online legal document resource center, has just released the Internet Advertising and Marketing Agreement for Global Green Solutions and Market Pathways Financial Relations Inc.

An Internet Advertising / Marketing Agreement is a legal document whereby a Publisher agrees to provide online advertising to an advertiser through their online outlets. The Global Green Solutions internet advertising and marketing agreement is interesting because Market Pathways Financial Inc had to deal with Canada-based Sweetwater Capital Corporation on behalf of Global Green Solutions. Other than this fact, the internet advertising and marketing agreement between Global Green Solutions and Market Pathways Financial Inc is a relatively typical one. It stipulates that Market Pathways Financial Inc will provide advertising and distribution services via its Web properties and to its proprietary database of over 1 million subscribers to Global Green Solutions.

The internet is fast becoming the new boardroom. The web now hosts a major percentage of business ventures and transactions. As such, the legal world is working to catch up and this internet advertising and marketing agreement between Global Green Solutions and Market Pathways Financial Inc is helping to pave the way. RealDealDocs.com is always looking out for legal agreements and legal documents that can help all varieties of people - those who work in the pen and paper world, as well as those forging their way through the web.

RealDealDocs.com provides a wide variety of executive employment agreements, confidentiality agreements, account control agreements and much, much more. RealDealDocs.com offers over 10 million other legal documents and clauses in addition to internet advertising and marketing agreements.

The documents and clauses available from RealDealDocs.com are drafted by both the top law firms for Fortune 500 companies and the smallest of small cap companies. Since these legal documents have been drafted by the best law firms in the country, the contract and agreements are not only a relevant work product, but also an opportunity to gain important competitive intelligence about how top law firms are negotiating and drafting agreements for their clients along with the inner workings of the World’s largest companies.

RealDealDocs.com serves as a resource for those seeking legal document to use as a template or sample. Among hundreds of legal documents and clauses, the most popular legal documents available include confidentiality agreements, employment agreements, LLC Operating agreements, lease agreements and loan contracts. At RealDealDocs.com everyone has access to the legal research tool used by top professionals.

To view Global Green’s Internet Advertising and Marketing agreement click here

To view other Internet Advertising and Marketing agreements click here

Popularity: 42% [?]

Agreement for Web Services

Date: October 24, 2006

Agreement between Market Pathways Financial Relations Inc. (MP) and Sweetwater Capital Corp. (SCC) located at 420-475 Howe Street, Vancouver, BC Canada V6C 2B3 - phone 604-606-7976 – on behalf of Global Green Solutions Inc. (OTCBB: GGRN). MP agrees to provide advertising and distribution services via its Web properties and to its proprietary database of 1-million+ subscribers. MP and SCC may sometimes herein be referred to individually as the “Party” and collectively as the “Parties.”

MP will disseminate approved information regarding GGRN on mutually agreed upon dates, subject to the availability of the publication, as follows:

e-Mail Distribution Program & Terms

Payment shall be $24,000 US delivered via wire transfer as follows:

Wells Fargo Bank - Phone: 888-384-8400
464 California Street, San Francisco, CA 94104

ABA Routing # 121000248 To Credit Account # 0206995414
Account Name: Market Pathways Financial Relations, Inc.
INTERNATIONAL SWIFT CODE: WFBIUS6S

SCC understands that this Agreement does not entitle it to ownership of the proprietary database owned by MP. MP will only “lease” access to the list as described above. Since MP must at all times rely upon the accuracy and completeness of information supplied to it by SCC, SCC agrees to indemnify, hold harmless, and defend, MP, its officers, directors, agents, employees and other representatives at its expense, in any proceeding or suit, which may arise out of and/or due to (i) the negligence of SCC or its officers, directors, agents, employees or other representatives that may arise from the inaccuracy or incompleteness of such material supplied by SCC to MP, or (ii) any breach of any covenant or warranty of SCC in this Agreement.

The Parties to this Agreement understand that this program is designed to expose GGRN to MP’s database. MP makes no warranty that such exposure will create volume, buying or price appreciation for GGRN shares.

MP will compile a profile on GGRN from available information. MP will edit, comment and suggest copy changes for GGRN; however SCC is responsible for creating or supplying all original content and for approval of the finished copy and content. SCC will approve any content it requests MP to distribute on its behalf and SCC will take full responsibility for that content. SCC understands that this program has been discounted based upon a multiple placement commitment and that earlier termination of the program will not result in a discount or refund.

This Agreement and the rights of the Parties hereunder, shall be governed by and construed in accordance with the laws of the State of California, including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. Any legal action involving this Agreement or the Parties’ relationship shall be brought in the state or federal courts located in Orange County, California.

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