AI Link building agency contract terms — Ownership, reporting, replacement policy, SLAs.

AI Link building agency contract terms — Ownership, reporting, replacement policy, SLAs.

In the B2B world, the contract is often treated as a formality—a document to be signed quickly so work can begin. In the world of SEO (keresőoptimalizálás) link building, this complacency is fatal.

The link building industry has historically been opaque, but the integration of Artificial Intelligence has introduced new layers of complexity and risk. When an agency uses AI to generate content, scrape data, and automate outreach, the traditional "service agreement" is no longer sufficient.

You are not just buying a URL; you are navigating issues of copyright, data privacy, algorithmic liability, and asset ownership. A vague contract allows an agency to sell you low-quality, AI-generated spam. A tight contract forces them to deliver value.

This article dissects the four pillars of a modern AI link building contract: Ownership, Reporting, Replacement Policies, and Service Level Agreements (SLAs).

Part 1: Intellectual Property and Ownership

The most common dispute between clients and agencies arises when the partnership ends. Who owns the work? In the age of AI, this question is legally murky.

1. Ownership of Content (The AI Copyright Loophole)

Currently, copyright laws (particularly in the US) state that content created entirely by AI cannot be copyrighted. It belongs to the public domain.

  • The Risk: If your agency generates a blog post using GPT-4 and publishes it on a third-party site to secure a link for you, and that contract says "Agency retains ownership until payment," it is a meaningless clause if the content has no copyright.

  • The Clause You Need: The contract must state that the Client owns all rights to the final output, and the Agency assigns any and all potential rights to the Client immediately upon creation.

  • Indemnification: The Agency must indemnify (protect) the Client against any claims of copyright infringement. If their AI accidentally plagiarizes a competitor or uses a trademarked character in an image, the Agency must pay the legal fees, not you.

2. Ownership of Outreach Assets

If the agency creates a persona (e.g., "Mike from YourCompany") to pitch links, who owns that email account and the relationships built?

  • The Trap: Agencies often use their own generic accounts. When you fire them, they take the relationships with them.

  • The Fix: The contract should specify that any outreach conducted under your brand name is "Work for Hire." You should demand access credentials to any dedicated email accounts created for your campaign. If they leave, you keep the inbox and the history of conversations with journalists and webmasters.

3. Data Ownership

If the agency builds a "Target List" of 5,000 potential sites relevant to your niche:

  • Agency View: "This is our proprietary database."

  • Client View: "I paid for the research."

  • The Compromise: The contract should state that the specific list of prospects vetted for your campaign belongs to you. This prevents the agency from selling your highly curated competitor research to the next client in your niche.

Part 2: Defining the "Deliverable" (The SLA Framework)

An SLA (Service Level Agreement) defines exactly what you get for your money. In SEO (keresőoptimalizálás), vague SLAs are the primary cause of budget waste.

Never sign a contract that says: "We will build 10 links per month on DA 40+ sites." That is a license to print garbage.

1. The Metric Matrix

Your contract must define what constitutes a "billable link." If a link does not meet all criteria, you do not pay for it.

  • Metric Floor: Minimum DR (Ahrefs) or DA (Moz).

  • Traffic Floor: Minimum Organic Traffic (e.g., >1,000 visitors/month according to Ahrefs).

  • Relevance: The site must be topically related (e.g., "No general news sites, only Tech/SaaS blogs").

  • Language/Geo: Specificity on audience location (e.g., "US/UK/CA traffic > 50%").

2. The "Indexation" SLA

A link that isn't indexed by Google is worthless.

  • The Clause: "A link is only considered 'Delivered' once it is indexed by Google."

  • The Timer: Give them a window. "If the link is not indexed within 21 days of publication, it does not count towards the monthly quota."

3. Approval Workflows

AI allows agencies to move fast—sometimes too fast.

  • Pre-Approval Rights: The contract must grant you the right to veto:

    1. The Target Site.

    2. The Content Topic.

    3. The Anchor Text.

  • SLA Timeframe: "Client has 48 hours to approve/reject. If no response, Agency may proceed." (This protects the agency from client bottlenecks, which is fair).

4. Turnaround Time (TAT)

  • The Standard: 30 days is standard.

  • The Clause: "All links for the billing cycle must be live by the last day of the month. Rollover credits are allowed for max 1 month."

  • Avoid "use it or lose it" clauses where you lose money if they fail to build the links.

Part 3: The Replacement Policy (Your Insurance)

Link building is volatile. Websites go offline, admins change, or sites get penalized. This is where the "Replacement Policy" (or Guarantee Period) becomes the most valuable part of your contract.

1. The Guarantee Window

How long is the link guaranteed to stay live?

  • Weak Contract: 30 days or no mention.

  • Standard Contract: 6 months.

  • Strong Contract: 12 months or "Lifetime of the relationship."

  • The Clause: "If a link is removed, de-indexed, or turned into 'nofollow' within 12 months of publication, the Agency agrees to provide a replacement link of equal or greater metrics at no additional cost."

2. Defining "Link Rot" Events

The contract must specify what triggers a replacement. It’s not just about the link being deleted.

  • Status Change: The link changes from DoFollow to NoFollow.

  • Pillars of Content: The publisher deletes the article entirely.

  • Site Penalty: The hosting site loses >50% of its traffic in a single month (indicating a Google Penalty), rendering the link toxic.

  • Bad Neighborhood: The hosting site starts publishing casino/adult content after your link is live. (You should have the right to demand removal and replacement in this case).

3. The "Equal or Greater" Standard

When replacing a link, the agency might try to give you a cheap, low-quality link to fulfill the obligation.

  • The Clause: "Replacement links must meet the same Domain Rating and Traffic criteria as the original link agreed upon in the SOW (Statement of Work)."

Part 4: Reporting Obligations

In the age of AI, reporting must be more than a list of URLs. It must be a proof of quality and safety.

1. Frequency and Format

  • Requirement: Monthly reports are mandatory.

  • Format: Live dashboard (Data Studio/Looker) or PDF.

  • Crucial Data Points:

    • Live URL.

    • Anchor Text used.

    • Target URL (where it links to).

    • Metrics at time of placement (DR/Traffic).

    • Indexing Status.

2. The "Transparency" Clause (Anti-PBN)

This is critical for avoiding Private Blog Networks (PBNs).

  • The Clause: "The Agency warrants that all placements are secured through genuine outreach to independent third-party websites. The Agency agrees to disclose, upon request, the nature of the relationship with the publisher (e.g., paid placement, guest post exchange, editorial insertion)."

  • Why this matters: If they are hiding the method, they are likely using their own network of fake sites. The contract must give you the right to audit this.

3. Negative Reporting

A good agency reports on what didn't work.

  • Ask for an "Outreach Summary": How many emails were sent? What was the open rate?

  • This helps you understand if the agency is actually working or just buying links from a vendor list.

Part 5: Brand Safety and "AI Ethics" Clauses

This is the new section that every modern contract needs.

1. No "Deepfakes" or Impersonation

  • The Clause: "Agency is strictly prohibited from using AI to generate fake identities, voice clones, or deepfake videos representing the Client or its employees."

  • Liability: Violating this should be grounds for immediate contract termination for cause.

2. Fact-Checking Warranty

  • The Clause: "Agency warrants that all content produced via AI tools is reviewed by human editors for factual accuracy. Agency assumes full liability for any libelous, false, or misleading statements published about the Client or third parties."

  • Context: If an AI hallucinates that your product cures cancer, the FDA comes after you. The contract must shift that liability to the agency that failed to QA the content.

3. Blacklist Adherence

  • The Clause: "Agency agrees not to place links on websites associated with [List of Restricted Topics: Gambling, Adult, Hate Speech, etc.]."

  • Remedy: If they violate this, they must pay for the link removal and provide a refund.

Part 6: Financial Terms and Termination

How do you pay, and how do you leave?

1. Payment Structure

  • Retainer vs. Pay-Per-Link:

    • Retainer: You pay a fixed fee for "effort." (Risky with bad agencies).

    • Pay-Per-Performance: You pay per live link. (Preferred for pure link building).

  • Clawback: "If the Agency fails to deliver the minimum agreed volume by the end of the quarter, the Client is entitled to a credit or refund for the shortfall."

2. Termination for Convenience vs. Cause

  • Convenience: Usually requires 30 days notice.

  • Cause: Immediate termination. Cause should include:

    • Violation of Google’s Spam Policies (resulting in a manual action against the client).

    • Breach of Brand Safety guidelines.

    • Failure to meet SLAs for 2 consecutive months.

3. The "Kill Fee"

If you cancel, what happens to the links "in progress"?

  • Fair approach: You pay for any link that is live and approved at the time of cancellation. You do not pay for "outreach in progress."

Part 7: Sample Contract "Red Flags"

If you see these terms in an agency contract, do not sign.

The ClauseWhat it meansWhy it's dangerous"Links are rented"If you stop paying, they delete the links.You never own the asset. This is blackmail."Best efforts basis"No guarantee of any results.You pay even if they get 0 links."Proprietary network"They use their own PBN.High risk of Google penalty."No disclosure of URLs""We can't show you the links to protect our vendors."They are buying spam links."Strict Confidentiality"You can't tell anyone they work for you.Often used to hide the fact they work for spammers.

Conclusion: The Contract is Your Project Manager

A well-written contract does not just protect you legally; it manages the project for you.

By clearly defining the SLA (quality), the Replacement Policy (longevity), and the Ownership (asset value), you remove the ambiguity that allows bad agencies to thrive.

In the era of AI SEO (keresőoptimalizálás), the barrier to entry for agencies is lower than ever. Anyone with a ChatGPT subscription and an email scraper can call themselves an agency. The contract is the filter that separates the "churn and burn" spammers from the professional partners.

If an agency balks at signing a contract that guarantees indexation, mandates human review of AI content, or offers a 12-month replacement warranty, they have just told you everything you need to know about their quality.

Summary Checklist for Your Legal Review

Before signing, ensure these 5 clauses are present:

  1. [ ] Definition of Success: Detailed metrics (Traffic + DR + Relevance) for a billable link.

  2. [ ] The 12-Month Warranty: Free replacement for removed or de-indexed links.

  3. [ ] The Human-in-the-Loop: Warranty that all AI content is fact-checked and edited.

  4. [ ] Pre-Approval: Client right to veto sites and content before publication.

  5. [ ] Asset Ownership: Client owns the final placements and copyright indemnification.

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