Is an eSignature legally binding?

Yes, when the four ESIGN criteria are met: intent to sign, consent to use electronic records, signature attribution, and reliable record retention; see 15 U.S.C. §7001 and UETA where adopted.

Do I need a notary for this agreement?

Generally no for commercial email agreements; notarization is only required if a state statute or specific clause makes it necessary, or if you want a notarial acknowledgement.

How should consent be documented?

Record source details, opt-in text, date/time of consent, and any proof of double opt-in; maintain audit logs that reproduce the consent record on demand.

What if a recipient disputes they consented?

Provide audit trail evidence (timestamp, IP, consent language). If unavailable, consider remediation options and adjust list-sourcing controls to reduce future disputes.

How long must I retain campaign records?

Keep signed agreements and key data at least 3 years for tax reasons (IRC §6501(a)), and 6 years for HIPAA-covered activity (45 CFR §164.530(j)) if PHI is involved.

Can I execute this agreement entirely online?

Yes; ESIGN and state UETA laws permit electronic execution for most contracts. Ensure consumer-facing disclosures are provided when required and that the eSignature platform captures an audit trail.

Electronic Signature
Templates
Marketing
Email Campaign Marketing Agreement

Email Campaign Marketing Agreement

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

EMAIL CAMPAIGN MARKETING AGREEMENT

Parties

This Email Campaign Marketing Agreement ("Agreement") is entered into by and between:

Brand / Client Name Brand / Client Address Primary Contact (Brand) Contact Email / Phone (Brand) Agency / Creator Name Agency / Creator Address Primary Contact (Agency) Contact Email / Phone (Agency)

Agreement Date and Term

Effective Date: . This Agreement shall remain in effect for the Campaign Term defined below unless earlier terminated in accordance with this Agreement.

Campaign Term (start and end)

Campaign Overview

Campaign Name Objectives Target Audience Primary Channels

Scope of Services and Deliverables

Agency will develop, produce and deliver the email campaign materials described below in accordance with the schedule and specifications set forth. Deliverables shall conform to Brand's reasonable technical and brand guidelines.

Deliverables (itemize quantity, format, and purpose)

Typical deliverables include number of emails: ; subject line variants per email: ; A/B test variants: .

Design Assets / Copy Requirements

Timeline, Approvals and Milestones

Agency will deliver initial drafts according to the following schedule. Brand has the right to review and request reasonable revisions within the Approval Period.

Key Milestones and Deadlines

Approval Period for each deliverable: days after delivery. Final launch date: .

Compensation and Payment

Total Fee Payment Schedule

Deposit upon execution: . Remaining balance due days after final deliverable acceptance.

Out-of-Pocket Expenses Kill Fee (if terminated)

Usage Rights and Intellectual Property

Ownership and license for content created under this Agreement shall be governed by the following provisions. Unless otherwise specified in writing, Agency retains moral rights and the Brand receives specified usage rights.

License Grant to Brand Territory License Duration Third-Party Materials

Exclusivity

Exclusive representation for the specified product category during the Campaign Term: Select if exclusive

If exclusive, define scope

FTC Disclosure Compliance

Agency represents that all promotional emails and content will comply with applicable truth-in-advertising laws and disclosure obligations. Agency shall include clear and conspicuous disclosure of material connections where required.

Agency confirms: Agency will include required disclosures in all paid/promotional content and provide evidence of such disclosures upon Brand request.

Confidentiality and Data

Each party will maintain confidentiality of non-public information exchanged under this Agreement. Brand data, subscriber lists, and analytics access are Confidential Information of Brand and shall only be used to perform services under this Agreement.

Data Handling Requirements

Agency shall not use Brand's subscriber lists for any purpose other than performance of the Services and shall delete or return such lists upon termination.

Representations, Warranties and Indemnity

Each party represents that it has authority to enter this Agreement. Agency represents that deliverables will not infringe third-party rights and will comply with applicable laws. Each party agrees to indemnify the other for claims arising from breach of its representations or unauthorized use of third-party IP.

Limitation of Liability

Termination

Either party may terminate this Agreement for material breach if the breaching party fails to cure within the Cure Period after written notice.

Notice of termination shall be given in writing to the contact information above. Notice period: days. Cure period: days.

Post-Termination Obligations

Reporting and Metrics

Reporting Frequency and Metrics Key Performance Indicators (KPIs)

Agency will provide access to analytics and campaign reports: Select if provided

Change Orders

Any material change to scope, schedule, or compensation shall be made by written Change Order signed by both parties which sets forth the change, adjusted fees, and revised schedule.

Change Order Process

Miscellaneous

Governing Law Notices Assignment Entire Agreement

This Agreement, together with any attached exhibits and signed Change Orders, constitutes the entire agreement between the parties and supersedes all prior agreements relating to the subject matter hereof.

Brand / Client:

By:

Date:

Title:

Agency / Creator:

By:

Date:

Title:

What an Email Campaign Marketing Agreement Covers

An Email Campaign Marketing Agreement is a written contract that defines the relationship between a sender (marketer) and a recipient list owner, or between a marketing vendor and client, governing the terms for creating, sending, and managing commercial email messages. It sets scope (audience, message types), permissions (list sourcing and consent), timing (send windows and frequency), performance metrics (deliverability, open/click targets), data handling (PII, suppression lists, unsubscribe process), and liability allocations for noncompliance or data breaches.

Why a Formal Agreement Matters for Email Campaigns

A written agreement clarifies consent, reduces spam-law risk, assigns data-protection responsibilities, and documents operational details used for audits and dispute resolution.

Who Typically Uses an Email Campaign Marketing Agreement

Organizations that outsource or co-manage email programs, in-house marketing teams, and agencies commonly rely on a formal agreement to manage compliance, deliverables, and payments.

Marketing agencies managing client lists and creative, requiring service and liability terms.
Ecommerce and retail brands outsourcing deliverability or list management to vendors.
Data providers, list owners, and partners providing segmented recipient lists under consent terms.

Use a tailored agreement when third parties will access lists, handle PII, or send on behalf of another brand.

Core Sections to Include in the Agreement

A complete agreement organizes rights and duties, measurable service levels, compliance steps, and termination mechanics so both parties know operational and legal expectations.

Scope

Define campaign types, message templates, list segments, channels, and any excluded activities.

Consent & Source

Describe how recipients were acquired and the legal basis for sending commercial email.

Deliverables

List creative assets, schedule, approval workflow, and performance reporting frequency.

Data Handling

Specify PII treatment, suppression list exchanges, retention, and breach notification steps.

Compliance

Allocate responsibilities for CAN-SPAM, TCPA risk, and privacy law adherence.

Payment & Termination

State fees, invoicing terms, termination rights, and transition assistance.

Step-by-Step: How to Complete the Agreement

Follow these sequential steps to prepare, review, and execute the agreement with clear records of consent and approvals.

01

Draft: Populate parties, scope, schedules, and fees.
02

Compliance Review: Confirm consent sources and privacy requirements.
03

Approval: Obtain internal signoffs from legal and marketing.
04

Execute: Sign, date, and distribute signed copies to stakeholders.

How to Configure the Agreement for Online Completion

Set up an eSignature workflow with defined signer order, authentication, and required fields before sending for signatures.

Field	Configuration
Required Signers	List signers and signing order
Authentication	Email link or SMS code
Mandatory Fields	Signatures, dates, printed names
Audit Trail	Enable full event logging

Delivery Options and Technical Considerations

Choose distribution and signing tools that match your security and integration needs.

Email Delivery: Standard method for individual and bulk sends.
Signed PDFs: Preserve signed PDF/A for recordkeeping.
API Integration: Use API for automated send and status updates.

Ensure the platform supports required authentication, audit trails, and formats (PDF, DOCX) to validate signatures and maintain compliance.

Typical Online Execution Flow

A standard electronic signing flow reduces friction while preserving evidentiary detail; this list shows common stages in order.

Upload Document: Import final agreement to the eSignature tool.
Place Fields: Add signature, date, and initial fields.
Assign Signers: Enter signer emails and order.
Send & Sign: Signers authenticate and complete signing steps.

Key Timelines and Deadlines to Track

Track scheduling and compliance dates such as campaign start, approval cutoffs, and contract renewal or termination notice periods.

Approval Lead Time:

Allow at least 3–5 business days for legal and design approvals.

Campaign Start Date:

Use MM/DD/YYYY format and coordinate sends across time zones.

Notice to Terminate:

Contract may require 30–90 days written termination notice.

Data Retention Trigger:

Retention periods begin on Effective Date.

Opt-Out Processing:

Unsubscribe requests must be honored promptly per CAN-SPAM.

Common Preparation Mistakes to Avoid

Failing to document consent sources, which increases exposure under CAN-SPAM, TCPA, and state privacy laws.
Using vague scope language that leaves open whether transactional versus promotional messages are permitted.
Omitting a suppression-list exchange process, causing accidental sends to unsubscribed recipients.
Neglecting to define data breach notification timelines and responsibilities between vendor and client.

Potential Legal and Financial Risks for Errors

CAN-SPAM Liability: Civil penalties and injunctions.

TCPA Exposure: High statutory damages per unsolicited call/text.

Data Breach Costs: Notification and remediation expenses.

Contract Disputes: Termination and indemnity claims.

Reputational Harm: Brand trust erosion and lower engagement.

Tax/Audit Record Issues: Missing records complicate audits.

Real-World Examples of Use

Two concise examples show how organizations structure agreements to manage risk and operations.

Retail Agency Arrangement

A retailer engaged an agency to run promotional sends with segmented lists.

The agreement required list-source warranties and suppression exchanges.
The contract reduced accidental sends to suppressed addresses and allocated remediation costs when list quality failed.

Healthcare Outreach

A clinic hired an email provider for appointment reminders and newsletters.

The agreement added a HIPAA BAA and breach-notice timing.
Clear BAA terms and retention rules ensured compliance and preserved patient trust.

eSignature Vendor Comparison for Executing This Agreement

A concise feature-and-price snapshot with signNow listed first; consult vendor sites for plan details before purchase decisions.

	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 trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions and Troubleshooting

Answers to common questions about validity, eSigning, data handling, and what to check if a signature or consent is disputed.

Need help? Contact support

Is an eSignature legally binding?
Yes, when the four ESIGN criteria are met: intent to sign, consent to use electronic records, signature attribution, and reliable record retention; see 15 U.S.C. §7001 and UETA where adopted.
Do I need a notary for this agreement?
Generally no for commercial email agreements; notarization is only required if a state statute or specific clause makes it necessary, or if you want a notarial acknowledgement.
How should consent be documented?
Record source details, opt-in text, date/time of consent, and any proof of double opt-in; maintain audit logs that reproduce the consent record on demand.
What if a recipient disputes they consented?
Provide audit trail evidence (timestamp, IP, consent language). If unavailable, consider remediation options and adjust list-sourcing controls to reduce future disputes.
How long must I retain campaign records?
Keep signed agreements and key data at least 3 years for tax reasons (IRC §6501(a)), and 6 years for HIPAA-covered activity (45 CFR §164.530(j)) if PHI is involved.
Can I execute this agreement entirely online?
Yes; ESIGN and state UETA laws permit electronic execution for most contracts. Ensure consumer-facing disclosures are provided when required and that the eSignature platform captures an audit trail.

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