Can the Marketing and Advertising Agreement be e-signed?

Yes. Under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA laws, electronic signatures are enforceable for most commercial agreements. Exceptions include testamentary instruments and certain court orders; confirm the transaction does not fall in a statutory exception before relying solely on e-signature.

What signer authentication is recommended?

Use at minimum email link or SMS one-time code. For higher risk campaigns or regulated data, use multi-factor authentication, knowledge-based ID proofing, or advanced signer authentication to strengthen attribution and meet industry or client-specific compliance requirements.

Are notarizations or witnesses required?

Most Marketing and Advertising Agreements do not require notarization. If the agreement transfers property, grants security interests, or state law demands acknowledgement for specific clauses, obtain a notary or witnesses per state rules to preserve recordability and enforceability.

How should intellectual property ownership be defined?

Clearly assign ownership for creative works, deliverables, and source files. Use precise language for work-for-hire, license scope, duration, and permitted uses to prevent disputes; specify whether third-party licenses or stock media are included and who bears associated costs.

What records should parties retain?

Retain fully executed copies, invoices, campaign reports, and proof of approvals. For tax or audit purposes keep financial records for at least three years; retain HIPAA-related materials for six years where healthcare data is involved, per 45 CFR §164.530(j).

How can the agreement be amended after signing?

Amendments require mutual written consent; record the amendment as a signed addendum referencing the original agreement and effective date. Electronic signatures satisfy ESIGN (15 U.S.C. ch. 96) when intent, consent, attribution, and retention requirements are met.

Electronic Signature
Templates
Marketing
Marketing and Advertising Agreement

Marketing and Advertising Agreement

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COMMISSION AGREEMENT

This agreement is entered into by and between hereinafter referred to as "Company", and hereinafter referred to as "Agent".

For and in consideration of the mutual promises contained herein, the Company and Agent do hereby covenant, contract and agree as follows:

1. AGENCY: Subject to the terms of this agreement, Company does hereby appoint Agent as its

(a) exclusive agent for the following purposes

non-exclusive agent for the following purposes:

2. RELATIONSHIP: Company and Agent agree that agent is an independent contractor and shall pay his or her own employment, income and other taxes as well as all insurance.

3. DUTIES: Agent shall perform the following duties in reference to this agreement:

(a)

Agent shall not be authorized to bind Company to any agreement or contract until Agent obtains the written consent to same by [name of individual]: of the Company.

4. COMMISSION: Company shall pay unto Agent for his or her services the following commission percentage: % on total sales.

Other details:

5. EXPENSES:

Not applicable

As part of the compensation to Agent, Company shall also be reimbursed for the following expenses:

(a) [state expenses to be paid]

6. EXCLUSIONS: Not applicable or Excluded from this agreement are all existing written agreements in place at the time of the execution of this agreement with other agents.

7. TERM: This agreement shall extend for a period of from the date hereof.

8. RENEWAL: This agreement shall be automatically renewed in increments unless either party gives days written notice of their intent not to renew to the other prior to the expiration of any contract period.

9. MODIFICATION: This agreement may not be modified except by amendment reduced to writing and signed by both Company and Agent. No waiver of this agreement shall be construed as a continuing waiver or consent to any subsequent breach thereof.

10. NOTICES: All notices hereunder shall be effective if sent by certified mail, postage prepaid, return receipt request to [list name and address]:

or

11. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the parties hereto and replaces and supercedes all prior agreements between the parties relating to this same subject matter.

12. GOVERNING LAW: This agreement shall be construed in accordance with the laws of the State of

13. PARTIAL INVALIDITY: In the event any provision hereof shall be for any reason illegal or unenforceable, the same shall not effect the validity or enforceability of the reaming provisions.

14. ATTORNEY FEES: In the event that the agreements become subject to litigation between the parties hereto, the parties agree that the prevailing party shall be entitled to an award of attorney's fees, costs and the prevailing statutory interest from the other party.

15. INDEPENDENT COUNSEL: The parties hereto further represent that they have had the opportunity to obtain independent legal counsel before entering this agreement.

16. FURTHER DOCUMENT: The parties further agree that if any other provisions or agreements are necessary to enforce the intent of this document, that both parties will execute same upon request.

This agreement entered into this the day of , 20

Company

Agent

STATE OF

COUNTY OF

PERSONALLY came and appeared before me, the undersigned in and for the jurisdiction aforesaid, the within named in the above and foregoing instrument of writing, who acknowledged to me that she signed and delivered the above foregoing instrument of writing on the day and in the year and for the purposes therein mentioned.

GIVEN under my hand and official seal of office on this the day of , 20

NOTARY PUBLIC

My Commission Expires:

STATE OF

COUNTY OF

PERSONALLY came and appeared before me, the undersigned in and for the jurisdiction aforesaid, the within named in the above and foregoing instrument of writing, who acknowledged to me that she signed and delivered the above foregoing instrument of writing on the day and in the year and for the purposes therein mentioned.

GIVEN under my hand and official seal of office on this the day of , 20

NOTARY PUBLIC

My Commission Expires:

What the Marketing and Advertising Agreement Covers

The Marketing and Advertising Agreement is a standard contract that sets the terms between a marketer or agency and a client for promotional services, campaign scope, deliverables, timelines, payment, intellectual property rights, and permitted use of creative materials. It defines responsibilities for ad placement, performance metrics, confidential information, and approval processes, and it allocates liabilities and indemnities related to campaign content and third-party claims. For electronic execution, ensure compliance with the ESIGN Act and applicable state UETA statutes to preserve enforceability.

Why a Written Agreement Matters for Marketing Work

Using a written Marketing and Advertising Agreement clarifies expectations, protects intellectual property, establishes payment terms, and reduces disputes. It also documents consent for data use and advertising channels, which supports compliance with ESIGN/UETA when executed electronically.

Who Typically Prepares and Signs This Agreement

Primary users include marketing agencies, freelance marketers, in-house marketing teams, media buyers, and businesses hiring promotional services.

Agencies and consultants managing campaigns, ad buys, and creative delivery.
Small businesses engaging freelancers for social, display, or search advertising.
Enterprises contracting with media vendors or programmatic platforms for large campaigns.

Step-by-Step: Prepare and Execute the Agreement

Follow these steps to prepare, review, and execute the Marketing and Advertising Agreement securely and correctly.

01

Prepare Document: Confirm scope, deliverables, and attachments are complete.
02

Assign Fields: Place sign, date, and initial fields for each signer.
03

Obtain Approvals: Have legal and finance review material terms and payment.
04

Execute Electronically: Use an ESIGN/UETA-compliant platform to capture signatures and audit trail.

Configure Your Online Signing Workflow

Configure a signing workflow that defines field placement, routing, authentication, reminders, storage, retention, and notifications.

Field	Configuration
Signature Field	Required, signer-specific
Routing Order	Sequential or parallel routing
Authentication Method	Email, SMS, MFA available
Notifications & Reminders	Automated reminders schedule

Technical Requirements for eSigning and Distribution

Platforms should support PDF and Word formats, integration with CRM or storage, and strong signer authentication to maintain auditability.

Formats: PDF, DOCX, and HTML supported.
Integrations: Salesforce, NetSuite, Google Workspace, Box.
Authentication: Email, SMS, MFA, and KBA options.

eSignature Provider Comparison for Executing Agreements

Pricing and core feature comparison for common eSignature providers used to execute Marketing and Advertising Agreements.

	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

Security and Compliance Considerations

Encryption: TLS 1.2/1.3 in transit, AES-256 at rest.

Certifications: SOC 2 Type II, ISO 27001, PCI DSS.

HIPAA: BAA available for covered transactions.

Audit Trail: Comprehensive timestamps and IP logging.

Access Controls: Role-based permissions and SSO.

Accessibility: WCAG 2.0 Level AA compliance.

Common Risks and Legal Consequences

Tax Reporting: Incorrect payee details trigger penalties.

Missing Signatures: Agreement may be unenforceable.

Data Breach: HIPAA fines and liability.

Late Filing: State penalties or contract breaches.

Invalid Authority: Signatures lacking actual authority.

Intent Dispute: Challenges to signature validity.

Common Preparation Mistakes to Avoid

Using ambiguous scope language that fails to define deliverables and acceptance criteria, which often leads to disputes over performance and payment.
Mismatched party names or signatory titles on contracts and tax forms can delay invoicing, trigger backup withholding, or render the agreement difficult to enforce.
Not specifying ownership or license terms for creatives results in post-campaign copyright conflicts and unexpected usage fees.
Skipping a clear data-use clause for targeting, tracking pixels, and analytics can create privacy compliance gaps under HIPAA or state privacy laws.

Frequently Asked Questions and Practical Answers

Common questions and solutions for execution, signature validity, and post-signature handling of Marketing and Advertising Agreements are below.

Need help? Contact support

Can the Marketing and Advertising Agreement be e-signed?
Yes. Under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA laws, electronic signatures are enforceable for most commercial agreements. Exceptions include testamentary instruments and certain court orders; confirm the transaction does not fall in a statutory exception before relying solely on e-signature.
What signer authentication is recommended?
Use at minimum email link or SMS one-time code. For higher risk campaigns or regulated data, use multi-factor authentication, knowledge-based ID proofing, or advanced signer authentication to strengthen attribution and meet industry or client-specific compliance requirements.
Are notarizations or witnesses required?
Most Marketing and Advertising Agreements do not require notarization. If the agreement transfers property, grants security interests, or state law demands acknowledgement for specific clauses, obtain a notary or witnesses per state rules to preserve recordability and enforceability.
How should intellectual property ownership be defined?
Clearly assign ownership for creative works, deliverables, and source files. Use precise language for work-for-hire, license scope, duration, and permitted uses to prevent disputes; specify whether third-party licenses or stock media are included and who bears associated costs.
What records should parties retain?
Retain fully executed copies, invoices, campaign reports, and proof of approvals. For tax or audit purposes keep financial records for at least three years; retain HIPAA-related materials for six years where healthcare data is involved, per 45 CFR §164.530(j).
How can the agreement be amended after signing?
Amendments require mutual written consent; record the amendment as a signed addendum referencing the original agreement and effective date. Electronic signatures satisfy ESIGN (15 U.S.C. ch. 96) when intent, consent, attribution, and retention requirements are met.

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