Your agency's AI use probably isn't a problem. Not knowing about it is. Four questions, an email to send and a scored sheet to compare the answers.
Don’t ask whether your agency uses AI. Ask for a one-page map of where, which named person checks each deliverable, what the retainer hours now buy, and who owns the work and sees your data. Score the answers, put them next to the contract, and recheck quarterly.
Say you run marketing at a 60-person software company and your agency’s renewal is three weeks out. The account director’s deck has a new slide titled “AI-enabled delivery,” with three bullets: faster turnaround, more variants, smarter insights. Everyone nods. Nobody asks what “AI-enabled” means, because asking feels like accusing them of something.
Three months later the blog drafts are arriving in two days instead of six. One of them says your product integrates with a tool it doesn’t integrate with, and your product marketing manager catches it by luck on a Friday afternoon. The retainer is exactly what it was: 48 hours a month of “content and strategy.”
None of that means the agency did anything wrong. It means the AI question didn’t get asked on purpose. Four questions cover most of it: what does AI touch in the work you buy, what are the hours buying now, who checks the output, and who owns it and sees your data. The rest of this guide is how to ask each one, and what a good answer sounds like.
The questions work whether you’re a head of marketing deciding on a renewal, a brand manager who inherited the agency relationship, or a performance marketer who wants to know whose numbers are in the monthly summary. They also work for freelancers, in a shorter form (the FAQ covers that). An agency using AI is often good news for you. What I’m arguing for is knowing about it, in writing, before something goes wrong.
“AI-enabled” can mean a transcription tool on the weekly call or a language model writing your ad copy, and those deserve very different conversations. So skip “do you use AI?” The answer is usually yes, and it tells you nothing. Ask for a one-page map instead: for each thing you pay for, where AI is involved and which human looks at it afterwards. Here’s a good answer, filled in for the same agency.
| Deliverable | Where AI is used | Who reviews it | What of yours goes in |
|---|---|---|---|
| Monthly blog posts | Outline and first draft, in a general-purpose chat assistant | Senior copywriter, then the account lead | Brand guidelines, published product pages |
| Paid social variants | Headline and body variants built from approved concepts | Performance lead | Approved messaging, past ad results |
| Monthly performance summary | Draft commentary on exported figures | Analyst, who checks each figure against the dashboard | Campaign exports, no customer lists |
| Campaign hero images | Concept images from an image generator | Art director | Brand colours only, no product photos |
| Customer quotes in case studies | None. Interviews are transcribed, the quotes are chosen by a person | Account lead, with written customer approval | Interview recordings |
Illustrative answer from a fictional agency. The two columns that tend to come back vague are the named reviewer and what of yours goes into the tool.
I’d read the last column first. A prompt containing your pricing, an unreleased feature or a customer list is a different risk from one containing your published brand guidelines, and you only learn which you have by asking. Ask for the map before the renewal meeting, not in it. An account lead who knows the answers can write it in about an hour. If it takes noticeably longer, that’s useful information too.
Blank cells are fine at first. They’re your agenda for the renewal call.
Ask about the work you pay for, not the tools the agency owns.
The map also does a quieter job. In June 2023 the Association of National Advertisers revised its media agency contract template to require an advertiser’s prior consent before an agency uses AI applications in delivering its services. As trade coverage noted at the time, the template doesn’t define what AI is.[1] That gap is worth closing in your own paperwork, and a deliverable-by-deliverable map gives you a working definition in the meantime.
Many retainers are priced on labour, and AI changes how much labour a deliverable takes. The Association of National Advertisers’ own summary of its 2026 agency compensation work says most marketers are satisfied with how they pay agencies, yet many plan changes amid concerns about transparency, rebates and AI-driven labour.[2] The full findings sit behind a member login, so I can only point to that summary, not the numbers beneath it. Here’s the retainer from the opening, before and after, with the hours filled in.
| Retainer line | Before (hrs/month) | Now (hrs/month) | The question to ask |
|---|---|---|---|
| Blog drafting | 24 | 10 | Where did the 14 hours go? |
| Review and fact-checking | 4 | 8 | Whose time is this, and is it a named person? |
| Performance summary | 12 | 4 | Is there more analysis in it now, or just less typing? |
| Strategy and planning | 8 | 8 | What new tests or plans can I see for this time? |
| Total | 48 | 30 | The invoice hasn’t moved. Where did the other 18 hours go? |
Illustrative hours for a fictional agency. Review time going up is a good sign, provided it’s real and someone owns it.
There are three straightforward answers to where the hours went, and all three can be fair.
Silence is the answer to worry about.
An agency that has built real workflows and real review steps has a legitimate case for keeping its fee, because you’re buying judgment and outcomes, not typing speed. It should be able to say what it’s buying you instead of hours. If you’d rather price by deliverable than by the hour, that’s a normal conversation. And if the numbers have you wondering whether a function belongs in-house, our piece on replacing a $16K agency quote shows what that looks like at the smallest scale.
When the method changes, re-scope what you are buying, not only the rate.
Notice that this is the one question where I wouldn’t open with a discount. Open with “what changed in how you work, and what should change in what we’re buying?” The first version tends to get a defensive answer and the second tends to get a plan. That’s our judgment about how these conversations go, not a measured result.
Say you’re the brand manager and the agency’s launch email lands in your inbox with two things you wouldn’t approve: a line calling you “the industry’s most trusted platform” and a customer quote you don’t recognise. You ask who wrote it. The answer, after a pause: a draft from an AI tool, tidied by a junior copywriter on deadline, and the quote was meant to be a placeholder.
The placeholder matters more than it sounds. In August 2024 the US Federal Trade Commission announced a final rule banning fake reviews and testimonials, including AI-generated ones that misrepresent being by someone who doesn’t exist.[3] A made-up quote in a customer email is your brand’s problem, not only the agency’s. The fix is a named person for each deliverable and a check you can see, rather than banning the tool. Here’s the split.
| What AI does at the agency | What the agency’s human still owns | How you check it on your side |
|---|---|---|
| Drafts blog and email copy from your brief | Facts, claims and voice. Removes anything it can’t source | Your product marketing lead checks every product claim in one random piece a month |
| Generates ad variants | Chooses which go live and rejects off-brand ones | Your performance marketer compares live ads to approved messaging each quarter |
| Drafts performance commentary | Checks each figure against the dashboard before it’s sent | Your analyst recomputes two figures from the exports each month |
| Produces concept images | Art director checks logos, text in the image and lookalikes | Your brand manager reviews against the guidelines before launch |
| Nothing, for customer quotes | A person writes them from real input, with written approval | You ask to see the approval for any quote you didn’t hear yourself |
Our suggested split for the agency, not a standard. Frequencies are starting points, so adjust them to the risk of each deliverable.
Every AI-assisted deliverable needs a named human who checked it.
A name, not a team.
“Our team reviews everything” is not a name. It’s the sentence you hear from a careful agency and a careless one alike, which is exactly why it can’t be your evidence. Ask for a person and for what that person looks at: the facts, the numbers, the voice, the legal claims. In a regulated category such as financial services or health, add your own legal or compliance reviewer to the right-hand column, because the agency’s reviewer isn’t accountable for your sector’s rules.
Then run the spot check. Pick one deliverable a month at random and ask for the source behind every claim in it. Random matters: a check you only run when you feel suspicious teaches the agency when to be careful. For the disclosure and pre-publish side, including the FTC rules that already apply, our AI marketing compliance checklist covers what to check before anything goes live.
Two different questions hide in here. The first is ownership, and it’s less settled than most contracts assume. In January 2025 the US Copyright Office concluded that, with current generally available technology, prompts alone don’t give a person enough control to be the author of what comes back. Human authors keep copyright in what they contribute, such as their own expression or the creative selection, arrangement or modification of AI output.[4]
For a marketer that has a practical edge. A logo, mascot or hero illustration that is essentially a generated image might not be protectable the way you’d assume, so ask what a human designer actually did to it. Whether that matters for your brand is a question for your own lawyer. I’m describing what the Office said, not giving legal advice.
Then there’s the data.
The Association of National Advertisers and the law firm Venable published an AI Rider template in July 2025 to help members draft and negotiate AI use in creative services.[5] Trade coverage of it describes provisions on telling the client when AI is used, some human oversight of AI-generated work, ownership of commissioned output, and transparency about how tools were trained and which third-party tools are involved.[6] The template sits behind member access, so I’ve worked from that coverage, and your counsel would need to turn any of it into contract wording.
You don’t need the rider to start. You need answers to a few plain questions, and an email is a fine place to ask them. Here’s one to send your account lead this week, with the brackets filled in.
| Subject: A quick AI question before our [month] renewal Hi [Name], As we plan the renewal, I’d like to understand how AI is used in our work so we can describe it properly in the contract. Could you send a one-page summary covering: 1. Each deliverable we pay for, and where AI is used in it (copy, images, reporting, research). 2. The tools involved, and whether anything we send you (brand guidelines, customer data, unreleased plans) is used to train them. 3. The named person who reviews each AI-assisted deliverable, and what they check. 4. How the hours in our retainer have changed since you started using AI, and what that time is now going to. 5. Who owns the final work, and what a human adds to any AI-generated creative. Happy to talk it through on our next call. [Your name] |
It asks for facts rather than promises, which makes it quick for a good agency to reply to. A vague reply is an answer too.
Answers are easier to compare when they’re scored. This is a five-line sheet we made for the purpose, not a standard, and the bands are our judgment. Score each row 0, 1 or 2 after the call, using the agency’s written answers where you have them.
| Question | 0 points | 1 point | 2 points |
|---|---|---|---|
| What does AI touch? | “We use AI throughout” | A verbal list on the call | A written map, one row per deliverable |
| What are the hours buying? | No change acknowledged | Acknowledged, no detail | Hours or output change explained, with what you get instead |
| Who checks it? | “Our team reviews everything” | A role named, no specific check | A named person and what they check, per deliverable |
| Who owns it, and where does our data go? | Not sure | “Standard terms cover it” | A written position on ownership and on tools training on your data |
| Will they put it in writing? | Prefers not to | Will, if asked | Offers a contract addendum unprompted |
8 to 10: renew, and attach the answers to the contract. 5 to 7: renew, but get the written answers within 30 days and revisit at 90. 0 to 4: shorten the term or start with a smaller scoped project. A low score often means nobody has asked before, so treat it as a conversation, not a verdict.
Score it after the call, not during it.
Different roles will care about different rows. A head of marketing or CMO usually owns rows two and five, because they decide the fee and the contract. A brand manager or content lead is closest to rows one and three. Procurement or finance will push on row four. A performance marketer should read the monthly summary line in the map very closely, because numbers that nobody recomputed are the ones that end up in a board deck.
A good answer on the call is the start. What you want to know three months later has three parts, and they’re the same Use, Persistence and Impact lens we apply to any AI rollout.
Counting variants is a usage number. It tells you the tool is switched on, not whether you bought anything. Here’s a register that takes ten minutes a quarter, with two rows filled in.
| Deliverable | AI use matches the map? | Checker named and checking? | Revisions this quarter | Turnaround vs before | Decision |
|---|---|---|---|---|---|
| Monthly blog posts | Yes, flagged in handover | Yes, one product claim corrected | 1.5 per post, down from 2.5 | 2 days, down from 6 | Keep |
| Performance summary | No, a new tool appeared | Unclear, no recompute logged | Not tracked | Same day | Ask, and re-test next month |
Fictional example. The second row is the useful one, because it tells you where to spend your next fifteen minutes.
One more thing sits on your side of the table. Whoever joins these calls needs enough hands-on AI use to judge the answers, because “we prompt it and then review it” sounds identical from a careful agency and a careless one. Training builds that capability. Workflow design gives it somewhere to land, which here means a review step in your own monthly rhythm. Reinforcement is the quarterly check turning that step into a habit. A team can start with the answer sheet on its own, and a structured workshop shortens the learning curve and puts the whole team on the same standard, rather than leaving it with one enthusiastic manager. That’s the difference we describe in what makes an AI-powered professional.
So start small. Send the email above to your account lead this week, put the answers next to the contract, and score them at the next renewal conversation.
Usually not. A blanket ban pushes the use out of sight, which is the opposite of what you want. A better position is to allow it with conditions: a written map of where it’s used, a named checker per deliverable, and your confidential material kept out of tools that train on it. Where a deliverable carries real legal or reputational risk, such as testimonials or regulated claims, you can reasonably ask for no AI at all.
It depends on what you were buying. If the retainer paid for labour, a big drop in labour is a fair thing to raise. If it paid for outcomes and judgment, the agency can reasonably keep its fee, provided it can show what the freed-up time now produces. Either way, ask the question rather than assuming the answer.
Yes, in a shorter form. A freelancer doesn’t need a map across five deliverables, but you can still ask which tools touch your work, whether your material goes into tools that train on it, and who has checked the facts. With one person, the named checker is the freelancer, so the useful follow-up is what they verify before sending, and from which source.
That depends on your contract and on how much a human contributed. The US Copyright Office’s January 2025 position is that purely AI-generated material isn’t protected, while a human’s own expression and creative selection or arrangement can be. So ask what a person actually did to each piece, and have your own lawyer review the clause, particularly for logos and signature visuals.
Quarterly is a workable rhythm: ten minutes with the register, and a deeper look at renewal. That’s our own suggestion, not a published benchmark. Revisit sooner if the agency adds a new tool, changes staff on your account, or a deliverable goes wrong.
Contract and rider details come from the Association of National Advertisers’ own pages and from trade coverage of its 2023 media contract template and July 2025 AI Rider; the template bodies and the 2026 compensation findings are members-only, so only the open summaries and trade coverage were used. The Copyright Office position is taken from its January 2025 Part 2 publication, and the FTC rule from the Commission’s August 2024 announcement. Agency-blog pricing benchmarks and adoption statistics were left out because they couldn’t be traced to a primary source. The agency, the account lead, the brand manager and every number in the tables are illustrative, not real cases. Nothing here is legal advice.