Legal Soup for the Search Soul
Everything’s fine… until silence counts as approval and “extras” cost $200/hour.
This issue of the #SEOForLunch is sponsored by ProfoundWoah, two posts in one week.
Let’s call this a second trip through the lunchline…and yeah, my dad used to flip when he saw the bill too. Alright, back to business.
I just wrapped a quick consulting project where I was asked to review an SEO + SEM proposal before the company signed the contract.
The deliverables and pricing were... fine. But the legal fine print? Yikes.
So yikes, in fact, that I had to write this post.
Because while bad SEO might get you E-E-A-Ten alive by Googlebot, shady contract clauses can screw you in real life.
Here are a few I’ve seen over the years and why they deserve your red pen.
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1. Wait, I Pay You and You Get Backlinks?
“…entitled to place accreditation, as a hyperlink”
Nothing erodes trust faster than a partner who puts themselves first before the ink even dries. I mean, come on, my first job was at a web dev shop, and I was the one pushing for this clause… back in 2009.
But here’s the thing: that was 15 years ago. If you’re still hardcoding footer links as part of your SEO strategy, you’re signaling one thing; you can’t earn links on your own merit. That’s a loser SEO mindset.
If your work is great, clients will want to talk about you. You won’t need to sneak links into the footer like a parasite… don’t worry it was gonna be no-follow right?
Watch Out For:
Look for fine print with words like “accreditation,” “promotion,” or anything mentioning “link” or “hyperlink.”
3. YOU Own The Preliminary Work?
"Agent retains all rights in and to all Preliminary Works"
Story time. I once worked for a very large legal marketing company. It wasn’t uncommon to have client turnover. But can you imagine how pissed lawyers would get when they were told they don’t own the content on their site, let alone the domain!?
Don’t worry though, for a shady little % of your contract value, you too can buy back your hyphenated domain and all that recycled boilerplate content.
What a deal!
This doubles as a warning for those overseeing paid search. The Squidward of partners will tell you its proprietary and they can’t give you access to your own ads account. Don’t say I didn’t warn you.
Watch Out For:
Look for language around “ownership of deliverables”. That includes drafts, staging work, and assets tied to your account. If you paid for it, you own it. Period.
3. Wait, You’re Judge and Jury?
“…failure to provide approval or feedback during any approval period… those Deliverables will be considered approved and accepted.”
I’m biting my tongue here. As a former agency guy and now an independent SEO consultant, I want to love this clause. It’s efficient. It avoids bottlenecks. But let’s not ignore that it’s a one-sided land grab.
If I saw this in a contract, I’d redline it immediately. Yes, client-side delays happen. Yes, internal approvals get messy. That’s part of the job.
But you don’t get to simply decide that silence equals approval. This is especially true when the next revision could trigger hourly billing or worse, get published live without a real review. (imagine a partner doing this on a legal, medical or school site - oof!)
Deadlines matter. So does accountability. But “auto-approved by default” is lazy and self-serving. If you’re a true partner, you work through the chaos, not hide behind it.
Watch Out For:
Language like “failure to respond equals acceptance” or “Deliverables will be considered approved.” It’s a slippery clause that lets vendors bill extra or push live work without real oversight — and yes, that includes legal, medical, or school sites. Oof indeed.
Your Turn: Craziest Clause You’ve Seen (Or Used!)
I’ve shared a few of the more common contract gems I’ve seen over the years. Now I want to hear yours.
What’s the most outrageous, overreaching, or just plain shady clause you’ve come across in a contract? Or better yet… what’s one you intentionally put in?
Drop it in the comments. Let’s build a hall of fame (or shame).