What the buyer is actually getting
Placement deals turn on definitions, because impressions, views, downloads, and audience segments are counted in different ways by different platforms. The agreement should name the measurement source, explain how invalid or fraudulent traffic is excluded, and state the remedy when delivery falls short, such as make-good placements or a credit. Brand safety terms describe content the ad must not appear next to, and buyers often want the right to pause a campaign if those terms are breached. Cancellation rules vary widely, and many publishers charge for cancellations made close to launch. Programmatic buys often run under industry standard terms, which the insertion order itself may modify.
Sponsorships and host-read ads
Sponsorships and endorsements by hosts or personalities raise questions that a banner buy does not. Endorsements generally need clear disclosure of the paid relationship, and the brand should approve claims the host will make about the product, since both sides can be responsible for statements that mislead. The contract should say whether the sponsor may reuse the recording or clip elsewhere, for how long, and in which media. Morals clauses and exclusivity against competing sponsors are common points of negotiation, and they work only when both sides know what triggers them. Ads aimed at children, or for regulated products such as alcohol, cannabis, or financial services, carry additional restrictions that the placement contract should reflect.
Selling inventory as a publisher
Publishers and creators selling advertising carry their own risks. Their standard terms should limit liability for delivery problems, reserve the right to reject ads, and require the advertiser to stand behind its own content and claims. Collecting payment from agencies that buy on a client's behalf is a common pain point, so the terms should address who owes the money. Our review starts with the order form, any master terms it incorporates, and how the campaign will actually run, and we mark the clauses where the two sides' drafts usually collide.
