New IAB/4As Standard Terms Published

In December 2009, the Interactive Advertising Bureau (IAB), a consortium of media and technology companies leading the online advertising market, joined with the Association of American Advertising Agencies (4As) in releasing Version 3.0 of their Standard Terms and Conditions for Internet Advertising for Media Buys One Year or Less. These terms are designed to form the basis of a contract between media companies and advertising agencies regarding the placement on Web sites of banner and other ads, including cost-per-action advertisements. The terms, which are designed to better reflect currently industry standards than the previous version 2.0, are also meant to be "balanced," meaning that neither party to the agreement is intended to have a significant advantage.

While the IAB/4As Standard Terms are a useful resource and starting point, their generic nature means that they are not substitutes for legal counsel, and should be carefully reviewed and customized for specific situations, whether through addenda (the IAB/4As recommended method) or direct revisions. The Standard Terms may also not adequately address deals outside the typical publisher/agency context (e.g. direct buys by advertisers, affiliate programs, and interactive ads in e-mail messages and via social networks such as Twitter and Facebook).

Our interactive marketing law attorneys can assist clients in determining whether and how these new Standard Terms may be integrated into their overall contractual relationships.

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