Bragging Rights in Marketing and Social Media Contracts

Short post today about bragging rights in the marketing / social media contract.

Let’s start by defining what I mean by “bragging rights”. Bragging rights are the right of one party to a contract to publicize the fact that they are working with the other party to that contract; included in this could be the use of the product created for that second party to the contract, such as a logo, website, some kind of goods. Remember, we’re talking about the use of bragging rights in marketing and social media contracts, but this could include any kind of bragging rights.

Why Include Bragging Rights in a Contract?

Let’s say I’ve been hired by a globally known company, and I’m excited to be working for such a prestigious client on a high-profile project. I want to tell people that I’m doing this work for such a great client. I want to brag about it. Makes me look like some kind of expert, they hired me, right?

However, not all clients want this kind of association to be made public. When I was representing chemical companies – very high-end and prestigious work – they certainly did not want me going around telling people that I was representing them against allegations that their product poisoned people. No bragging rights there.

In contrast, if your marketing company designed the logo for “Target”, you’d certainly want to tell everyone about it. And they may be okay with that because it helps them get publicity.

This is why I recommend, at least for my marketing and social media provider clients that they get permission for bragging rights.

What Do Bragging Rights Look Like?

Bragging rights can run the spectrum from anything goes, to a limited use of the client’s name, logo, maybe a link from your website to their website. Like all rights, the more explicitly we can set them out, the better. Clients appreciate you asking, too. Larger clients may have a policy on bragging rights for vendors. Find out.

Bragging Rights in Marketing and Social Media Contracts
Michael Palermo Business Lawyer

Here’s a sample bragging rights clause:

“[VENDOR] shall be allowed to use Client’s name and logo in its own advertising, marketing and social media, and may claim authorship of the items delivered to Client from the vendor, provided the use is commercially reasonable, does not reveal confidential Client trade secrets or Confidential Information, and does not present the Deliverable or Client in a manner denigrating the Deliverable or Client.”

This clause grants pretty much all rights in the deliverable made by the marketing client. You can maybe negotiate a statement with the client to be used, perhaps, in a testimonial page on your website, or a “representative client” page on your website. With social media these days, there’s lots of options for negotiation the use of logos, images, instagram and what not. You could negotiate literally the number, dates and times you use a picture of the product you created for the client.

Here’s another sample:

“Michael Palermo is proud to announce that he is working with [MAJOR CLIENT] on an exciting new project.”

Simple, to the point.

Conclusion on Bragging Rights

Once you understand what bragging rights are, and the extent they can be used, I’m sure you’ll start to find dozens of ways to use them to promote your business. The takeaway, though, is agree to their use with your clients.

Contact me for help setting up and operating the legal aspects of your business. In western North Carolina, Asheville, Waynesville, Hendersonville at (312) 671-6453.

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