Digital advertising is a market unto itself. There is growing attention in that market (and elsewhere) toward the content of Internet marketing and how it is presented.

Many companies rely on the expertise of Internet marketing agencies for ad development, placement, and Intellectual Property right protection. But as recent experience with Facebook and “tailored” content has illustrated, Internet advertising can also present a Wild West for the digital frontier. Window and door companies using digital ad agencies must exercise caution.

The collection of personal information by an advertisement, whether by direct request or imbedded “cookie” demands, have the potential to open the companies purchasing those advertisement to privacy claims. If, and how, a digital marketer protects its clients against that potential liability must be a key contractual point during the decision to purchase advertising services.

Consider too that the marketing world is requiring greater transparency into who receives marketing materials and why. Exposure to advertising is no longer based simply on owning a home, as may still be the case for print or television advertising. The Internet presents an ability to preselect criteria about those seeing an ad. This potential has garnered a lot of recent attention regarding its selective use. Companies purchasing from digital advertisers should ensure that they know the criteria being used to direct their ads, and that such are appropriately directed toward neutral, market-based factors.

Digital advertising also presents a ripe opportunity for copycats, both intentionally or accidentally. Protection against legal claims for copyright infringement requires that the contract for marketing services include indemnify against IP claims; no one want recycled advertising anyway. Moreover, a good agreement will also ensure that the rights in the advertising expressly rest with the purchasing company. The effort and money required to assemble the digital work deserve equal effort to protect the rights within that work.

It may be a Wild West, but as more companies begin to use the services of digital advertising agencies the need for attention to the terms and conditions underlying those purchases can pay later dividends beyond the increase in referrals.