Is an eSignature legally binding?

Yes. Electronic signatures are legally binding under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided the e-signature satisfies intent, consent, attribution, and record retention tests.

When do I need a BAA for a study?

If the study handles protected health information (PHI), HIPAA requires a Business Associate Agreement (BAA) to be in place and controls that meet 45 CFR §164.530(j).

Do study agreements require notarization?

Generally no for commercial measurement contracts, but state rules or specific exhibits may require notarization; check state notary law and the contract's formal execution requirements.

Who can sign on behalf of a company?

An authorized officer or agent with delegated authority should sign; include a printed name and title and ensure the signer has corporate authorization to bind the entity.

How do I revoke or amend the agreement?

Follow the amendment or termination clause in the agreement; revocation typically requires written notice and mutual consent or reliance on termination provisions for cause.

How long should I keep executed study records?

Retain records for the study term plus at least three years; healthcare records require six years under HIPAA (45 CFR §164.530(j)), and tax or regulatory records may require longer retention.

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Agreement to Conduct Advertising Effectiveness Study

Agreement to Conduct Advertising Effectiveness Study

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What the Agreement to Conduct Advertising Effectiveness Study Is

An Agreement to Conduct Advertising Effectiveness Study is a written contract that sets terms between a sponsor (advertiser) and a research provider to measure campaign performance, collect and analyze audience data, and report results. It defines scope, metrics, data sources, sample sizes, timelines, payment, confidentiality, and intellectual property ownership. The document also allocates responsibilities for data protection, legal compliance, and quality control. Well-drafted agreements reduce disputes by plainly stating deliverables, acceptance criteria, and remedies for missed milestones or inaccurate reporting.

Why use a formal study agreement

A formal agreement clarifies expectations, protects sensitive data, and preserves the study's evidentiary value for marketing decisions and audits while establishing remedies if deliverables fall short.

Who commonly uses this agreement

Use this agreement when any third party accesses campaign data, participant information, or proprietary measurement methods.

Advertiser teams commissioning third-party measurement of ad reach and conversion metrics.
Media agencies contracting vendors for attribution and A/B test analysis.
Research vendors providing data collection, analytics and reporting services.

Who should sign

Marketing Director

An authorized marketer or procurement lead who can approve spend and grant access to campaign data. They accept deliverables, sign off on milestones, and are responsible for internal distribution of results and budget reconciliation with finance teams.

Research Vendor

A vendor executive or program manager authorized to bind their company. This signer commits to methodology, data security measures, timelines, and warranty language and must coordinate any subcontractors or data processors used in the study.

Required study and security details to include

Study Title: Concise identifying name

Scope of Work: Brief scope summary

Metrics Defined: Primary and secondary KPIs

Data Sources: List of platforms and feeds

Access Controls: Authentication and role limits

Breach Notification: Timeline and contact details

Key legal and operational risks

Data Breach: Potential regulatory fines

Inaccurate Metrics: Misleading business decisions

Missed Deadlines: Delayed campaign optimization

Noncompliance: HIPAA or consumer law exposure

IP Disputes: Ownership or reuse claims

Contract Voidance: Improper signatures risk enforceability

Common preparation mistakes to avoid

Vague metric definitions leading to disputed results; always define exact formulas and denominators in the SOW.
Failing to document sample selection and weighting, which impairs reproducibility and can skew comparisons.
Omitting data-handling specifics (retention, deletion, anonymization) and thereby exposing parties to privacy risks.
Not specifying acceptance criteria or remediation steps for low-quality data or methodology deviations.

Representative use cases

Real-world scenarios illustrate how the agreement governs responsibilities and outcomes across different workflows.

Cross-Platform Attribution Study

A national retailer hires a vendor to measure omnichannel conversions across web and store channels

Vendor uses deterministic and probabilistic match methods
Agreement specifies sample size, matching methods, IP protections, timelines, reporting cadence, and remedies if match rates fall below agreed thresholds, protecting both marketing decisions and customer data.

A/B Creative Effectiveness Test

A consumer packaged goods brand sponsors an A/B test for two creatives across targeted cohorts

Vendor randomizes exposure and measures lift over baseline
Agreement requires pre-registered analysis plan, blinded reporting, preservation of raw logs for 12 months, and a dispute-resolution process tied to predefined statistical criteria.

Step-by-step: completing the agreement

Follow these steps to prepare, review, and finalize the Agreement to Conduct Advertising Effectiveness Study.

01

Gather Parties: List full legal names and contact details.
02

Define Scope: Describe objectives, KPIs, and data sources.
03

Specify Security: Include encryption, access, and BAA if PHI present.
04

Sign and Record: Execute signatures and retain executed copy.

How to set up an online completion workflow

Configure the digital workflow so each signer receives required fields, authentication, and a recorded audit trail.

Field	Configuration
Signer Order	Sequential or parallel routing
Authentication	Email link, SMS code, or MFA
Attachments	Allow supporting exhibits upload
Audit Trail	Enable IP, timestamp, and event log

Where to send the completed agreement and what follows

After execution, route copies to the designated contacts and trigger any operational tasks specified in the SOW.

Sponsor Records: Primary signed copy stored by advertiser.
Vendor Records: Vendor retains execution copy and logs.
Legal Counsel: Share redline-approved version for retention.
Operations: Trigger data integrations and test runs.

Digital signing and eSubmission requirements

Ensure the chosen eSignature solution meets legal tests of intent, consent, attribution, and record retention for enforceability.

Document Formats: PDF, DOCX and stored originals
Authentication Options: Email, SMS code, or advanced auth
Integrations: CRM and cloud storage compatibility

Key components a professional agreement should include

Include these sections to make the agreement operational, auditable, and legally clear for both parties.

Scope

Clear description of tasks, geographic limits, and timeframe for study activities and deliverables, preventing scope creep and misaligned expectations.

Methodology

Detailed analytics approach, sampling plan, statistical tests, and acceptance criteria so both parties understand how outcomes are produced.

Data Access

Which platforms and datasets are provided, the method of transfer, encryption requirements, and any PII/PHI handling rules.

Confidentiality

Non-disclosure provisions, permitted disclosures, and duration of confidentiality obligations including exceptions for aggregated reporting.

IP & Reporting

Ownership rights for raw data, processed outputs, and any reporting templates; reuse restrictions and publication approvals.

Payment & Remedies

Fees, payment schedule, acceptance criteria, credits or liquidated damages for missed milestones, and dispute-resolution method.

Supporting clauses to add for clarity

These additional clauses reduce ambiguity and help manage downstream risks and procurement processes.

Change Control

A defined process for scope changes, cost adjustments, and schedule updates that requires written agreement and approval before implementation.

Subcontracting

Permissions and obligations when vendors use subcontractors, including flow-down of confidentiality, security, and audit rights for subcontracted work.

Audit Rights

Allow the sponsor to audit methodology, data provenance, and security controls within agreed notice and frequency limits.

Liability Limits

Caps on direct damages and exclusions for consequential damages, aligned with corporate procurement policies and insurance coverage.

Practical tips for accurate completion

Adopt these practices to speed review and reduce rework while preserving legal enforceability.

Define Metrics Precisely

List exact formulae, time windows, and denominators for each KPI so results are reproducible and avoid later disagreements over interpretation.

Pre-Register Analysis

Include a pre-specified analysis plan and acceptance thresholds to minimize bias and provide a clear basis for dispute resolution if outcomes are close.

Limit PHI Exposure

If health-related data appear, use anonymization, data minimization, and a Business Associate Agreement (BAA) to meet HIPAA requirements.

Archive Raw Logs

Preserve raw event logs and consent records for the agreed retention period to support audits and potential reanalysis requests.

Typical milestones and sequencing for study delivery

Organize the study around major milestones so responsibilities and acceptance criteria are clear at each stage.

01

Kickoff

Project initiation and data access provisioning.

02

Data Collection

Active measurement window per protocol.

03

Analysis

Processing, validation, and modeling steps.

04

Reporting

Delivery of final reports and executive summary.

Common timing elements and target dates

Assign calendar targets tied to campaign timelines, regulatory obligations, and internal decision gates.

Effective Date:

Date contract obligations commence; use MM/DD/YYYY.

Data Collection Window:

Period for active measurement, typically defined in days or weeks.

Interim Report Date:

Date for preliminary insights and mid-study checks.

Final Report Deadline:

Delivery date for completed analysis and materials.

Retention Start:

Date when retention periods begin for records and logs.

Electronic signature vs. digital signature: technical differences

Choose the appropriate signature type based on enforceability needs, auditability, and industry-specific requirements.

Criteria	Electronic Signature	Digital Signature
Definition	any electronic mark	pki-based cryptographic signature
Non-repudiation	audit trail evidence	strong cryptographic proof
Typical Use	commercial contracts	regulated records / high-assurance
Regulatory Fit	esign/ueta acceptance	preferred for 21 cfr part 11 compliance

Selected eSignature vendors and key pricing/feature differences

Compare basic price and key capabilities relevant when executing study agreements; signNow appears first per platform ordering rules.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by offer	Varies by offer	Varies by offer	Varies by offer
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently asked questions about this agreement

Answers to common legal, technical, and operational questions encountered when preparing or signing a study agreement.

Need help? Contact support

Is an eSignature legally binding?
Yes. Electronic signatures are legally binding under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided the e-signature satisfies intent, consent, attribution, and record retention tests.
When do I need a BAA for a study?
If the study handles protected health information (PHI), HIPAA requires a Business Associate Agreement (BAA) to be in place and controls that meet 45 CFR §164.530(j).
Do study agreements require notarization?
Generally no for commercial measurement contracts, but state rules or specific exhibits may require notarization; check state notary law and the contract's formal execution requirements.
Who can sign on behalf of a company?
An authorized officer or agent with delegated authority should sign; include a printed name and title and ensure the signer has corporate authorization to bind the entity.
How do I revoke or amend the agreement?
Follow the amendment or termination clause in the agreement; revocation typically requires written notice and mutual consent or reliance on termination provisions for cause.
How long should I keep executed study records?
Retain records for the study term plus at least three years; healthcare records require six years under HIPAA (45 CFR §164.530(j)), and tax or regulatory records may require longer retention.

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