Can this agreement be signed electronically?

Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes. Ensure intent, consent, signer attribution, and reliable record retention to meet the ESIGN four‑part test.

When is notarization required?

Notarization is not typically required for pure marketing contracts, but specific states or circumstances (e.g., conveyance of real property or forms filed with government agencies) may require notarization or witnesses. Verify with counsel for state-specific needs.

What if a signer’s name doesn’t match bank records?

Mismatched legal names can trigger payment holds or backup withholding. Confirm full legal names and TIN/EIN accuracy on the contract; update bank/vendor records before issuing the first payment.

How should confidential data be handled?

Include confidentiality clauses and limit data shared in campaign files; for health-related or specially protected data, add a HIPAA BAA and follow 45 CFR §164.530(j) retention rules.

Can the agreement be amended later?

Yes, but amendments should be signed by the same authorized parties and reference the original effective date. Record amendments as separate signed exhibits or an amendment page to maintain a clear chain of changes.

What if a party refuses to sign electronically?

Offer a paper alternative or in-person signing if required. If consent to electronic records is needed (consumer-facing transactions), provide the ESIGN-required consumer disclosure and record the consumer’s consent.

Electronic Signature
Templates
Marketing
Marketing Captiv8 Agreement

Marketing Captiv8 Agreement

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

MARKETING CAPTIV8 AGREEMENT

This Marketing Captiv8 Agreement (the Agreement) is entered into as of between Brand/Client: , with primary address: (Brand), and Agency/Creator: , with primary address: (Agency). Collectively, Brand and Agency are the Parties.

RECITALS

WHEREAS, Brand desires to engage Agency to develop and distribute marketing assets in connection with the campaign described below; and WHEREAS, Agency has represented that it has the expertise, personnel, and resources to perform the Services described in this Agreement.

1. CAMPAIGN OVERVIEW

Campaign Name Objectives Target Audience Primary Channels

2. DELIVERABLES & SCHEDULE

Agency shall produce and deliver the Deliverables specified below in accordance with the schedule. Deliverables shall conform to the technical and creative specifications agreed in writing.

Deliverable Description Deliverable Formats (select all that apply)

Video Static Image Story/Short-lived Content Blog/Long-form Other

Quantity / Units Delivery Deadlines

3. COMPENSATION

In consideration for the Services, Brand shall pay Agency the fees set forth below in U.S. dollars unless otherwise agreed in writing.

Total Fee Payment Schedule Late Payment

Late payments shall accrue interest at a rate of on any unpaid balance, and Client is responsible for reasonable collection costs.

4. USAGE RIGHTS & LICENSE

Subject to payment in full, Agency grants Brand a non-exclusive/non-transferable (select one below) license to use the Deliverables as described. Select license type:

Non-exclusive Exclusive

Permitted Uses Territory Duration of License

5. FTC DISCLOSURE & COMPLIANCE

Agency and Brand shall comply with all applicable advertising laws and rules concerning endorsements and disclosures. Agency shall ensure required disclosures are clear and conspicuous in all paid, sponsored, or otherwise material promotional content, and shall obtain Brand approval for any disclosure language when reasonably requested.

Agency certifies that each influencer or creator delivering paid or sponsored content for this Campaign will include an express disclosure that the content is an advertisement or sponsored when required by law or regulation.

FTC Compliance Acknowledgment

Agency represents and warrants that it will secure and maintain appropriate disclosures and consents for all Deliverables and will provide evidence of such upon reasonable request.

6. EXCLUSIVITY

During the Term and for the Exclusivity Period specified below, Agency (and Agency's engaged creators for this Campaign) shall not provide substantially similar promotional services for direct competitors of Brand in the specified product category without Brand's prior written consent.

Exclusivity Period Competitor Definition / Scope

7. TERMINATION & KILL FEE

Either Party may terminate this Agreement for convenience upon written notice to the other Party as set forth below. Termination for cause may be effected immediately for material breach that remains uncured after the Cure Period.

Notice Period for Convenience Termination Cure Period for Breach Kill Fee / Termination Compensation

8. INTELLECTUAL PROPERTY

Unless otherwise agreed in writing, Agency retains ownership of pre-existing materials and general know-how; Brand receives the license rights expressly granted in Section 4 for the Deliverables. Brand represents that any materials Brand provides to Agency do not infringe third-party rights.

Third-Party Materials

9. REPRESENTATIONS, WARRANTIES & INDEMNIFICATION

Each Party represents and warrants that it has the full right, power, and authority to enter into this Agreement and to grant the rights granted herein. Agency warrants that Deliverables will not knowingly infringe the intellectual property rights of third parties. Each Party shall indemnify, defend and hold harmless the other Party from third-party claims arising from the indemnifying Party's breach of its representations, warranties, or obligations under this Agreement.

10. LIMITATION OF LIABILITY

Except for liability arising from willful misconduct, gross negligence, or indemnification obligations, neither Party shall be liable for indirect, incidental, special, or consequential damages. The aggregate liability of each Party for any claim arising out of this Agreement shall not exceed the total fees paid by Brand to Agency under this Agreement during the prior twelve (12) month period.

11. GOVERNING LAW & DISPUTE RESOLUTION

Governing Law Dispute Resolution

12. MISCELLANEOUS

This Agreement constitutes the entire agreement between the Parties with respect to the Campaign and supersedes all prior negotiations. Any amendment must be in writing and signed by both Parties. Neither Party may assign this Agreement without the prior written consent of the other, except that Brand may assign to an acquirer of its business or assets.

Notices

Brand / Client:

By:

Date:

Agency / Creator:

By:

Date:

What the Marketing Captiv8 Agreement Is and When It Applies

The Marketing Captiv8 Agreement is a written contract that sets the terms between a marketing service provider and a client for campaign strategy, creative deliverables, media buys, influencer engagements, and related services. It defines scope, milestones, fees, intellectual property allocation, confidentiality obligations, performance metrics, and dispute resolution. In practice the agreement organizes expectations for campaign phases, approval workflows, and payment schedules so both parties have a clear record of responsibilities, timelines, and remedies if deliverables or payments are late or disputed.

Why a Clear Marketing Captiv8 Agreement Matters

A focused agreement reduces ambiguity about deliverables, payment timing, ownership of creative work, and liability for third-party endorsements. It also supports enforceability when signed electronically under the ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes.

Who Typically Prepares and Signs This Agreement

The Marketing Captiv8 Agreement is commonly used by agencies, brands, and independent creators to formalize campaign work.

Marketing agencies coordinating multi-channel campaigns and subcontractors for creative and media execution.
Brand or product managers hiring external vendors to run paid, earned, or owned media programs.
Freelance influencers and content creators agreeing scope, usage rights, payment milestones, and disclosure obligations.

Tailor the document to the party type: enterprise buyers, small businesses, or individual influencers have different operational and compliance needs.

Primary Roles and Typical Signers

Agency Project Lead

A senior project manager or account director signs for the agency and accepts responsibility for deliverable timelines, vendor coordination, and payment requests. The signer must have authority to bind the agency and confirm subcontractor terms.

Brand Contracting Officer

A procurement manager, marketing director, or general counsel commonly signs on behalf of the client to accept scope, budget, and IP terms. Their signature confirms budget allocation and legal approval for endorsements or paid placements.

Step-by-Step: Completing the Marketing Captiv8 Agreement

Follow these sequential steps to prepare, review, and finalize the agreement efficiently.

01

Gather Details: Collect legal names, tax IDs, and payment information.
02

Define Scope: Spell out deliverables, channels, and acceptance criteria.
03

Set Terms: Add compensation, milestones, and IP assignment language.
04

Sign and Record: Obtain signatures and store a signed copy with audit trail.

Configure an Online Workflow for This Agreement

Typical online settings streamline routing, signer authentication, and reminders when using an eSignature platform.

Field	Configuration
Signature Authentication	Email link, SMS code, or stronger KBA when required
Conditional Fields	Show payment or tax fields only for certain party types
Template Reuse	Save SOW and payment terms as templates for repeat campaigns
Reminder Schedule	Auto-reminders at 3, 7, and 14 days past due

How Electronic Signing Fits Into the Campaign Timeline

A typical eSigning flow removes paper delays and records each action for audit and compliance purposes.

Upload Agreement: Sender adds contract file and marks required fields.
Assign Signers: Designate signer roles and signing order if needed.
Authenticate Signer: Use email link, SMS, or stronger verification as appropriate.
Capture Audit Trail: System records IP, timestamps, and actions for evidence.

Technical Considerations for eSubmission and Integration

Confirm file types, integrations, and authentication options before sending for signature.

File Formats: PDF and DOCX are standard and preserve layout
Integrations: Connect to CRM, cloud storage, and ERP systems
Authentication: Use SMS code or KBA for higher assurance

Core Components to Include in a Professional Agreement

A robust Marketing Captiv8 Agreement balances operational clarity with enforceable legal terms to reduce disputes and support performance measurement.

Parties

Identify full legal names and business types for each contracting party; include DBA names only as secondary references and verify signing authority for corporate entities.

Scope

Define deliverables, channels, and acceptance criteria with measurable KPIs, reporting cadence, asset formats, and required approvals to prevent scope creep.

Payment Terms

Specify fees, invoicing schedule, payment method, late fees, and responsibility for media spend or third-party vendor charges to avoid billing disputes.

Intellectual Property

Clarify ownership of created content, license scope for usage, duration, and any transfer of rights or work-for-hire provisions to prevent post-campaign disputes.

Confidentiality

Include NDA-level confidentiality terms for trade secrets, campaign strategies, and customer data; define permitted disclosures and return/destruction obligations on termination.

Termination & Remedies

Set termination rights, cure periods, refund or repayment mechanics, and liquidated damages if appropriate; allocate responsibility for third-party claims or regulatory fines.

Essential Data Fields to Collect and Verify

Legal Entity: Exact registered name

Tax ID: EIN or SSN as required

Contact Email: Primary signing and billing address

Mailing Address: Street, city, state, ZIP

Billing Terms: Net days and late interest

SOW Reference: Attach exhibit or schedule number

Practical Tips for Accurate and Efficient Completion

Use clear language and consistent templates to reduce review cycles and ensure compliance across campaigns.

Use a Master Agreement

Maintain a master services agreement with adjustable schedules for each campaign so you only update scope and pricing, reducing legal review time while keeping core terms consistent.

Standardize Deliverable Language

Create standardized deliverable descriptions and acceptance criteria to minimize ambiguous obligations and speed approvals when multiple projects use the same service definitions.

Include Exhibit Details

Attach media plans, creative briefs, and vendor lists as numbered exhibits to prevent confusion about which version governs and to keep the main contract concise.

Confirm Signatory Authority

Verify signer authority in advance (board resolution or delegated signing power) to avoid later challenges that could delay enforcement or payment.

Key Dates and Standard Deadlines to Record

Capture dates for effective operation, milestone deliveries, payment due dates, review periods, and termination notice to manage obligations.

Effective Date:

Enter as MM/DD/YYYY; obligations begin on this date

Milestone Deliveries:

List each deliverable date and associated acceptance window

Payment Due Dates:

Specify invoice date and net payment terms (e.g., Net 30)

Review and Approval:

Set review periods (e.g., 5 business days) for revisions

Termination Notice:

State required notice period (e.g., 30 days) for convenience termination

Milestone Sequence from Proposal to Final Settlement

Use a simple milestone sequence to track approvals, delivery, payment, and closeout tasks.

01

Proposal Approval

Client signs proposal and confirms budget allocation.

02

Scope Finalization

Finalize SOW, creatives, and media plan before campaign build.

03

Campaign Launch

Execute media buys and publish creative per schedule.

04

Final Accounting

Reconcile spend, issue final invoices, and confirm deliverable acceptance.

How This Agreement Differs from a Generic Services Agreement

Compare common contract elements to understand what is special about marketing-focused terms.

Criteria	Marketing Captiv8	Standard Services
Notarization Required
E-signature Friendly
Typical Attachments	media plan	technical spec
IP Allocation	license-heavy	varied

Typical eSignature Vendor Pricing and Capabilities

Vendor pricing and feature availability vary. signNow is listed first per platform comparisons and uses the pricing figures below where available.

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

Common Risks and Contractual Consequences

Missed Deliverables: Delay claims or fee disputes

IP Disputes: Unauthorized reuse or ownership claims

Payment Default: Collection cost and interest exposure

Regulatory Noncompliance: FTC or industry sanctions possible

Data Breach: Notification obligations and liabilities

Invalid Signature: Execution defects may void portions of the agreement

Typical Preparation Pitfalls to Avoid

Vague scope language that permits scope creep and billing disputes.
Missing or incorrect payer details that delay invoices and payments.
Failure to obtain signer authority which can invalidate enforcement.
Neglecting required disclosures for influencer endorsements or regulated advertising.

Real-World Examples of Digital Signing for Marketing Agreements

Two representative customer examples show how digital signing shortens turnaround and secures records for campaigns.

Optica Ventures — COO

The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers.

Single-platform signing reduced back-and-forth by several days.
As COO Brian Fitzgibbons notes, a straightforward digital flow made campaign approvals consistent and reduced email attachments while preserving an audit trail for later review.

Martin Properties — Founder

I can process and execute all of these documents online with 100% compliance and built-in security.

Mobile signing enabled faster approvals.
Tim Martin reports that being able to sign on mobile or offline ensured timely campaign launches and maintained compliance records for audits and client inquiries.

Frequently Asked Questions About Execution and Validity

Answers to common execution, enforceability, and technical questions when finalizing a Marketing Captiv8 Agreement.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes. Ensure intent, consent, signer attribution, and reliable record retention to meet the ESIGN four‑part test.
When is notarization required?
Notarization is not typically required for pure marketing contracts, but specific states or circumstances (e.g., conveyance of real property or forms filed with government agencies) may require notarization or witnesses. Verify with counsel for state-specific needs.
What if a signer’s name doesn’t match bank records?
Mismatched legal names can trigger payment holds or backup withholding. Confirm full legal names and TIN/EIN accuracy on the contract; update bank/vendor records before issuing the first payment.
How should confidential data be handled?
Include confidentiality clauses and limit data shared in campaign files; for health-related or specially protected data, add a HIPAA BAA and follow 45 CFR §164.530(j) retention rules.
Can the agreement be amended later?
Yes, but amendments should be signed by the same authorized parties and reference the original effective date. Record amendments as separate signed exhibits or an amendment page to maintain a clear chain of changes.
What if a party refuses to sign electronically?
Offer a paper alternative or in-person signing if required. If consent to electronic records is needed (consumer-facing transactions), provide the ESIGN-required consumer disclosure and record the consumer’s consent.

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