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Marketing Attestation Form

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MARKETING ATTESTATION FORM

Parties and Campaign Identification

Campaign Name:    Effective Date:

Campaign Scope & Objectives

Campaign Period — Start:    End:

Deliverables

Number of Deliverables:

Due Date:    Format/Specs:

Due Date:    Format/Specs:

If additional deliverables are required, attach a schedule or describe them in the final deliverable field below.

Compensation & Payment

Usage Rights, License & IP

The Creator grants the Brand a license to use the Deliverables as set forth below. Select and complete the license parameters.

Exclusivity Requested — If checked, complete exclusivity terms below.

FTC Disclosure & Advertising Compliance

Creator certifies they will include clear and conspicuous disclosure of material connection in each paid post or sponsored placement in a manner consistent with applicable advertising regulations and platform policies.

Creator confirms compliance with disclosure requirements for all sponsored content

Attestations by Creator

By checking each box and signing below, the Creator attests to the following representations, which are material to the Brand's agreement to engage Creator:

All content produced will be original to Creator and will not infringe any third-party copyright, trademark, or right of publicity.

Creator has obtained or will obtain all necessary licenses, releases and clearances for third-party music, images, talent, property and other materials used in the Deliverables.

Entering into and performing this agreement does not violate any other agreement, law, or court order to which Creator is bound.

Creator confirms no content will target or depict minors without verifiable parental consent and required releases.

Creator represents that any audience metrics, follower counts or engagement figures previously provided to Brand are accurate to Creator's knowledge and not fabricated.

Intellectual Property & Moral Rights

Unless otherwise agreed in writing, Creator retains ownership of underlying pre-existing materials and the Brand receives the license rights described in this form for the Deliverables. Creator hereby waives any moral rights to the extent permitted by law in Deliverables created for the Brand.

Creator accepts the IP provisions above and grants the specified license.

Termination, Notice & Kill Fee

If the Brand terminates without cause after Creator has delivered accepted work, Brand shall pay the Kill Fee set forth above as liquidated damages, not a penalty, unless otherwise negotiated in writing.

Indemnification & Liability

Creator shall indemnify, defend and hold harmless the Brand and its officers, directors and agents from any third-party claims arising out of Creator's breach of the attestations above, infringement of third-party rights, or failure to obtain required releases. Neither party's aggregate liability for direct damages shall exceed the total fees paid under this agreement, except for liability arising from willful misconduct or breaches of intellectual property or confidentiality obligations.

Privacy & Data

Creator shall comply with applicable data protection laws when collecting or processing personal data in connection with the Deliverables. Creator will not share Brand data with third parties without prior written consent.

Creator confirms compliance with privacy obligations described above.

Final Certification

The undersigned Creator certifies under penalty of perjury that the information and attestations provided in this document are true, complete and accurate to the best of Creator's knowledge, and that Creator will comply with the terms set forth herein in producing sponsored or branded content for the Brand.

Creator certifies and acknowledges the representations above.

Brand / Client Name:

By:

Date:

Agency / Creator Name:

By:

Date:

Enter text✕

What the Marketing Attestation Form Is

The Marketing Attestation Form is a written statement by an organization certifying that specified marketing communications, materials, or campaigns comply with applicable legal, regulatory, and internal policies. It records claims, required disclosures, audience targeting rules, and the data sources used to substantiate statements. The form captures reviewer approvals, dates, and any limitations on distribution, creating an auditable record for internal control, regulatory review, and post-campaign analysis while supporting electronic signing and secure retention workflows.

Why this attestation matters for compliance and risk

The Marketing Attestation Form reduces ambiguity by documenting who approved messaging, the factual basis for claims, and conformity with privacy or advertising rules. It helps organizations defend against regulatory inquiries, supports internal controls, and creates a clear audit trail for compliance and risk management.

Why this attestation matters for compliance and risk

Teams and partners that typically complete or review attestations

Typical users who prepare or review the Marketing Attestation Form include legal, compliance, marketing, and external agency partners.

  • In-house legal teams performing reviews to ensure claim substantiation and regulatory compliance.
  • Compliance officers documenting consent, data sources, privacy safeguards, and controls.
  • Marketing managers confirming accuracy of claims, audience targeting, and creative assets.

Agencies, media buyers, and counsel often sign or certify attestations before distribution or campaign launch.

Primary signers and their roles

Chief Compliance Officer

Responsible for approving the attestation language, verifying legal and regulatory conformity, and retaining documentation. The officer coordinates audits, ensures accurate representation of regulated claims, and signs attestations when statutory or internal policy requires executive-level approval.

Marketing Director

Prepares factual statements about campaign goals, target audiences, and supporting data. Collaborates with legal and compliance to resolve disputable claims, provides asset lists and metrics, and certifies that creative content matches the attestation's representations prior to distribution.

Core sections to include in a professional attestation

Essential sections of a Marketing Attestation Form define scope, factual basis, approvals, privacy considerations, distribution channels, and retention and audit details.

Scope

Defines the marketing materials, channels, target audiences, and effective dates covered by the attestation. Should list campaign identifiers, asset IDs, and any excluded materials to avoid ambiguity in enforcement or audit.

Factual Basis

Summarizes evidence supporting advertised claims, data sources, sampling methods, and performance metrics. Include references to studies, internal analyses, and third-party validations relied upon for the certified statements.

Approvals

Records the names, titles, and dates when legal, compliance, and senior marketing reviewers approved the content. Include signatory roles, delegated authority limits, and version control references for traceability.

Privacy & Consent

Describes personal data used, consent mechanisms, lawful bases for processing, data minimization steps, and required disclosures under HIPAA or consumer privacy laws where applicable.

Distribution

Specifies channels (email, social, paid media), geo-targeting constraints, frequency caps, and publisher agreements to ensure the distribution plan matches representations in the attestation.

Retention & Audit

Sets document retention period, storage location, access controls, and audit trail requirements; notes whether electronic signatures, RON notary, or recorded approvals will be retained for compliance.

Step-by-step: complete, approve, and retain the attestation

Follow these steps to complete and certify a Marketing Attestation Form from drafting through retention.

  • 01
    Draft: Prepare draft statements and supporting evidence for each claim.
  • 02
    Review: Legal and compliance review accuracy, privacy, and regulatory risks.
  • 03
    Approve: Authorized signers sign and date the form.
  • 04
    Retain: Store signed record with audit trail and access controls.

Typical e-signing and distribution workflow

Typical workflow for e-signing and distributing the Marketing Attestation Form in a compliant process with audit logging.

  • Upload: Upload the form PDF and designate fillable fields.
  • Assign: Add signer roles and set signing order or bulk send.
  • Authenticate: Choose authentication (email link, SMS code, or KBA) per risk level.
  • Finalize: Capture signature, generate audit trail, and distribute final copies.

Suggested online workflow configuration

Recommended workflow settings for online completion, signature authentication, and routing of the Marketing Attestation Form.

Field Name and Configuration Settings Recommended value or option for each field
Document Type and Version Use official Marketing Attestation Form PDF template, include version number.
Authentication Method Email link default; use SMS OTP or KBA for higher-risk attestations.
Conditional Logic Show privacy and consent fields only when personal data or PHI is listed.
Retention and Export Export signed PDF plus audit trail; set retention per policy.

Platform capabilities to support attestations

Platforms used to collect and manage Marketing Attestation Forms must support secure signatures, audit trails, and configurable fields.

  • File Formats: PDF, DOCX, or HTML supported.
  • Integrations: CRM, CMS, and cloud storage connections.
  • Authentication: Email, SMS, SSO, advanced auth available.

Security, certifications, and regulatory support

Encryption in Transit: TLS 1.2 and 1.3 used for data in transit.
Encryption at Rest: AES-256 encryption for stored data.
Certifications: SOC 2 Type II and ISO 27001; PCI DSS compliance.
Regulatory Support: ESIGN and UETA support; HIPAA BAA and 21 CFR Part 11 capabilities.
Accessibility: WCAG 2.0 Level AA compliant for accessibility.
Audit Trails: Tamper-evident logs with timestamps, signer IPs, and action history.

Principal legal and operational risks

False Advertising: FTC enforcement, possible civil penalties.
HIPAA Violations: Civil penalties for improper PHI use or disclosure.
State Law Claims: Consumer protection suits and statutory fines.
Data Breach Costs: Notification costs, remediation, and regulatory fines.
Contractual Breach: Indemnities, damages, and reputational loss.
Criminal Liability: Intentional misrepresentation may trigger prosecution.

Common preparation mistakes to avoid

  • Failing to document the evidentiary basis for claims, leaving ambiguous language that invites regulator challenge or internal disagreement during audits.
  • Using inconsistent campaign identifiers or asset versions so attestations cannot be matched to deployed creatives during review.
  • Neglecting to address personal data or PHI handling requirements, which can create HIPAA or consumer privacy compliance gaps.
  • Omitting signer authority details or allowing unsigned attestations to circulate, weakening legal defensibility and auditability.

How organizations use attestations in practice

Real-world examples show how standardized attestations reduce delays and strengthen audit readiness across industries.

Martin Properties

Martin Properties implemented a standardized Marketing Attestation Form to certify listing claims and advertising disclosures before publication.

  • Using e-sign workflows and mobile signing to collect approvals across teams.
  • The team processes and executes attestations online with compliance and security, enabling faster distribution and consistent documentation across staff and platforms.

Fertility Centers of Illinois

Fertility Centers of Illinois formalized attestations to confirm marketing statements and patient-directed communications include required disclosures.

  • Integrated into document workflows and API connections for reliable capture.
  • Their team benefits from responsive support and reliable signature capture to ensure patient-facing materials are accurate and defensible.

Pricing and feature snapshot for eSignature providers

At-a-glance comparison of starter pricing and common capability indicators relevant to Marketing Attestation Forms and high-volume signing.

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 Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about the Marketing Attestation Form

Answers to common questions about legal validity, notarization, e-signature choices, retention, and multi-signer workflows for attestations.


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