Skip to main content

Portfolio Right

Section: Portfolio and Promotion

Clause: Client hereby grants [Your Company Name], a [Your State] Limited Liability Company with its principal place of business at [Your Business Address], a non-exclusive, royalty-free license to use and display Client's name, logo(s), and website URL on [Your Company Name]'s website ([Your Website URL]) solely for the purpose of showcasing [Your Company Name]'s portfolio and demonstrating work performed for Client. This license includes the right for [Your Company Name] to create a direct hyperlink from Client's logo or name to Client's website.

Client represents and warrants that it has the full right, power, and authority to grant the foregoing license for the use of its name, logo(s), and website URL for this limited purpose.

[Your Company Name] agrees to use Client's name, logo(s), and website URL in a professional and respectful manner consistent with [Your Company Name]'s overall website design.

Either party may request the removal of Client's name, logo(s), and website URL from [Your Company Name]'s portfolio at any time by providing written notice (via email shall suffice). Upon receipt of such notice, [Your Company Name] will use commercially reasonable efforts to remove the requested items within [Number] business days. This right to request removal shall survive the termination of this Agreement.

This clause pertains solely to the use of Client's name, logo(s), and website URL for portfolio purposes and does not grant any other rights or licenses unless explicitly stated elsewhere in this Agreement.

Explanation of Key Elements:

  • Grant of License: Clearly states that the client is giving you permission (a license) to use their logo and link.
  • Non-Exclusive, Royalty-Free: This means the client can use their logo elsewhere, and you don't have to pay them for this usage.
  • Specific Purpose: Limits the usage to your portfolio page for showcasing your work.
  • Hyperlink Right: Explicitly allows you to link to their website, which is standard practice for portfolios.
  • Client Representation and Warranty: Assures you that the client has the legal right to allow you to use their logo and link.
  • Professional Use: Sets a basic expectation for how you will present their assets.
  • Right to Removal: This is crucial for maintaining a good relationship. It allows either party to request removal, providing flexibility.
  • Survival Clause: Ensures the removal right exists even after the main service agreement ends.
  • Limited Scope: Reinforces that this clause is only about portfolio use.

How to Integrate into Your Workflow:

  1. Include this "Portfolio and Promotion" clause within your standard hourly service agreement document. This agreement is what you present to the client at the start of a new website project.
  2. Review this clause with the client during the contract discussion. Ensure they understand and agree to this aspect.
  3. Keep a record of the signed agreement.

However, there are still a few key points to keep in mind:

Key Legal and Ethical Considerations for Your Situation:

  1. Consent to Display Portfolio Work:

    • Crucial: You must have explicit permission from each client before displaying their website in your portfolio. This should ideally be in writing as part of your initial service agreement or a separate consent form.
    • Clarity: The consent should clearly state how their website will be used (e.g., on your website portfolio, potentially in social media posts showcasing your work).
    • Revocation: Consider including a clause that allows clients to revoke their consent at any time.

  2. Transparency about "Valued Advocate" Perks:

    • Disclosure to Clients: Be transparent with your "valued advocate" clients about the perks they receive (e.g., discounted rates) in exchange for referrals and testimonials. This should be clearly communicated to them.
    • Disclosure in Testimonials (Best Practice): While not strictly "paid advertising," if a client is receiving a benefit for providing a testimonial, it's a good ethical practice to have them disclose this relationship. A simple statement like "As a valued client, I receive a discounted rate" can suffice. This builds trust and transparency.

  3. Truthfulness in Portfolio and Testimonials:

    • Accurate Representation: Ensure your portfolio accurately reflects the work you performed on the client's website. Don't misrepresent your role or the outcomes achieved.
    • Genuine Testimonials: Testimonials should reflect the honest opinions and experiences of your clients. Don't solicit or publish misleading statements.

  4. Privacy Considerations:

    • Client Data: If you collect any personal information from potential referrals made by your "valued advocates," ensure you have a privacy policy outlining how this data is handled.

Why the Earlier Complexities Are Less Relevant Here:

  • No Paid Advertising: The FTC's stringent disclosure rules for affiliate links in paid promotions are less of a concern since you're primarily showcasing your work organically.
  • Non-Monetary Incentives (Primarily): While discounted rates have a monetary value, they are directly tied to your service and are a form of appreciation for loyalty and advocacy, rather than a direct commission for each referral leading to a sale.

Recommendations for Your Simpler Model:

  • Incorporate Portfolio Usage Rights in Your Client Agreements: Make it a standard part of your contract to get explicit permission to showcase the completed website in your portfolio.
  • Have a Simple "Valued Advocate" Agreement: Outline the benefits of being a "valued advocate" (e.g., discounted rates for future services) and what is expected of them (e.g., providing testimonials, making referrals).
  • Consider a Brief Disclosure Guideline for Advocates: Provide your "valued advocates" with a simple suggestion for disclosing their relationship if they publicly endorse your services (e.g., "Proud client and advocate").
  • Maintain Accurate Records: Keep track of your "valued advocates" and the perks they receive.

In essence, your model is more about building goodwill and leveraging satisfied clients for organic growth. The key legal considerations are ensuring you have permission to showcase their work and maintaining transparency and honesty in your interactions and representations. You're in a much less complex legal territory than a traditional paid affiliate marketing program.