Google Adds Agency Clause to AdWords TOS

Threadwatch predictive comments are getting sharper by the day. Earlier today lerue17 stated

Ad agencies want a percentage of sales from the creative campaigns they design for clients. Google may be heading in that direction with "quality landing pages." The AdsBot crawler will just be highlighting which advertisers Google should ignore, and those it should develop a more intimate relationship with to increase its bottom line.

Google just updated their AdWords TOS to include the following

6 Agency. Customer represents and warrants that (a) it is authorized to act on behalf of and has bound to this Agreement any third party for which Customer advertises (a "Principal"), (b) as between Principals and Customer, the Principal owns any rights to Program information in connection with those advertisements, and (c) Customer shall not disclose Principal's Program information to any other party without Principal's consent.

Is this statement to protect the remaining agencies? Or to protect Google for when they start acting as an agency? Google's update section says

One of the main changes you may notice in the new Google Advertising Program Terms is that the terms anticipate future advertising products that may become available in other advertising formats and mediums. As we look forward to integrating more advertising products, we've re-worded some portions of the terms to make them applicable across a broader array of mediums and formats--anticipating, for example, that future products may be priced, billed, or managed differently than the current products.

It makes sense that they would want to cut agency commissions if they preferred to bring that service in house. Plus where better to gain scaled increased recurring revenue than from an established huge stream.

The question is, will participating in Google's ad optimization service (and thus let them double dip) automatically improve your landing page and ad quality level?

lerue17 also posted that they thought the landing page crawling might also have something to do with Google trying to work a CPA angle on traditional media ads that integrated with quality landing pages.

If Google does go this route I think it hurts their perception of credibility with a large bias toward avertisers. It could hurt them far more than they will financially gain out of it. Even in their early research they strongly stated their lack of support and concern with advertiser bias on search engines that were an ad driven business.

Currently, the predominant business model for commercial search engines is advertising. The goals of the advertising business model do not always correspond to providing quality search to users. For example, in our prototype search engine one of the top results for cellular phone is "The Effect of Cellular Phone Use Upon Driver Attention", a study which explains in great detail the distractions and risk associated with conversing on a cell phone while driving. This search result came up first because of its high importance as judged by the PageRank algorithm, an approximation of citation importance on the web [Page, 98]. It is clear that a search engine which was taking money for showing cellular phone ads would have difficulty justifying the page that our system returned to its paying advertisers. For this type of reason and historical experience with other media [Bagdikian 83], we expect that advertising funded search engines will be inherently biased towards the advertisers and away from the needs of the consumers.

- Y! MyWeb

To be honest, I stopped

To be honest, I stopped paying too much attention to the changing (stupid) rules Google try to inforce. Most of what they write don't have ANY legal impact here in Denmark (and yes, I checked it with our lawyer that specializes in Internet) and the rest is just BS. So, I do what my clients and I find right to do, have a few laughs about Google's requirements and move on :)

Thats one advantage of NOT being a GAP - I don't have to respect Google. I only respect and honor my clients :)


as between Principals and

Quote:
as between Principals and Customer, the Principal owns any rights to Program information in connection with those advertisements

The whole '10% agency commission' deal currently relies on the spend being made via the agencies account. i.e. the agency has the campaign data - and its up to the agency what detail they choose report to clients.

Google is now saying that this data belongs to the advertiser - not the agency.

I've heard that many agencies don't actually provide the campaign/keyword/ adgroup data to their clients - so if the client walks - the agency keeps the campaign/keyword/ adgroup data in the agency account. Then the agency get a new customer in the same vertical - they can effectively change the URLs to the new client - and fires up the campaign again ...

I suspect that's what this change is specifically targeting.


To be honest, I stopped

To be honest, I stopped paying too much attention to the changing (stupid) rules Google try to inforce.

Most of them are anyway just meant to fill the TOS, and do not apply to MOST of us.

But saying that *some* do not apply at all in X country is not so smart.


What's the big deal with agencies?

I manage ppc campaigns for clients, and don't think I'm in any danger of Google taking them over from me. Are these the same people that provide 'adwords review services'? I've had that done to various accounts twice through the years and their advise was useless. Not too worried about them - I'm still providing value added.


the effect is ...

that when/if google becomes the agency of record, they can access the information without recourse to the "customer".


agencies clinging to their clients

I can't tell you how many times we've been brought in by an advertiser to manage their campaigns whereupon we learn that their soon-to-be-previous agency holds the SE accounts and is loathe to help the advertiser out of their account.

IMO, agencies do their clients a major disservice by not setting them up with their own SE accouts.

Shorebreak


I fixed their boat

I charge a setup fee and a lower monthly fee for accounts I manage - but I make it clear that the ad copyright and the long list of search terms are mine - clients sign this when they start with me. And the point is exactly what you think it is. I'm not going to do all the work building high ctr ads and thousands of search terms just to have the client walk away with that work. There's no exit strategy - you leave with what you came with.

Google's new TOS doesn't change the fact that I own the list of search terms and the ad copyright. Sure I'll give them access to the account - but I've got it signed that they won't use that information. It's mine, and it's proprietary. Sure that's what Google's trying to get around. Tough cookies. If I'm not providing value, don't use my services. If I am, then pay me. I'm not having someone use my work without paying me, I'm funny that way (and not funny-haha either).