Today (June 9th) the advertising bodies announced two new framework contract templates to help boost productivity between clients and agencies.
Within the new framework templates, ISBA and the IPA suggest that agencies should regularly update clients on changes to social media laws, change social media passwords to avoid hacking from disgruntled employees (referencing the recent HMV debacle), and also attain prior approval of content generated by brand ambassadors such as celebrities.
The latter has seen many brands fall foul of the ASA after ambassadors have tweeted about products without #ad and #spon disclosures, according to Debbie Morrison, ISBA’s director for consultancy and best practice.
She told Marketing Week: “We’ve still not seen any contracts between brands and agencies which feature adequate legal guidelines for social.
“I spoke to one major multinational retailer as it was called in by the ASA after a celebrity tweeted about a campaign without using the proper ad hashtags. When I asked them what was in their contract, they didn’t even have one.”
She added: “If Google is saying artificial intelligence is the next big thing for marketers you fear when brands and agencies still are still failing to get their heads around the legal ramifications of social.”
Other changes introduced include transparency around contract cancellations. The IPA and ISBA have suggested that clients, should they cancel an agency contract, must pay for all committed third party costs.
There has also been revisions to intellectual property with brands encouraged to agree separate royalty streams for agencies that generate characters that have a life after a campaign ends.
Debs Carter, marketing director for SHS Drinks, which owns drink brands including WKD and Shloer, welcomed today’s revisions.
She said: “The introduction of different schedules such as social is a real reflection of changing consumer touch points and will be mutually beneficial for negotiations between agencies and clients.
“When you start a relationship with a new agency you must be clear on what is expected. Especially on social as in the alcohol industry you learn fast that user generated content is a big problem.”