Can this contract be signed electronically?

Yes. Electronic signatures are generally valid under the federal ESIGN Act (15 U.S.C. ch. 96, 2000) and UETA where adopted. Exceptions include certain testamentary documents and matters specifically excluded by statute; confirm for the specific transaction.

What is the difference between electronic and digital signatures?

An electronic signature is any electronic sound, symbol, or process executed with intent to sign. A digital signature is a cryptographic subset using PKI for stronger non-repudiation. Both are acceptable under ESIGN/UETA unless a specific regulation requires a cryptographic signature.

Is notarization required for co-brand agreements?

Generally no for commercial marketing contracts. Notarization is required or recommended only when state law or related transaction documents demand it, or when parties want added authentication; consider RON if remote notarization is needed.

Do consumer-facing disclosures apply to shared customer data?

Yes for consumer-facing transactions: ESIGN requires a consumer disclosure and consent process for electronic records in covered consumer contexts (15 U.S.C. §7001(c)). Ensure privacy notices and consent mechanisms comply with applicable laws like CCPA or HIPAA.

How long must I keep the executed contract?

Retain according to applicable rules: IRS generally requires tax records for 3 years (IRC §6501(a)); HIPAA requires six years for health records (45 CFR §164.530(j)). Industry rules or state law may require longer retention.

Who has authority to sign the agreement?

An authorized representative or officer of each legal entity should sign in the capacity specified. Confirm corporate authority via resolutions or POA where required to avoid challenges to enforceability.

Electronic Signature
Templates
Marketing
Marketing Co-brand Contract

Marketing Co-brand Contract

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

MARKETING CO-BRAND CONTRACT

THIS MARKETING CO-BRAND CONTRACT (the "Agreement") is entered into as of by and between:

Brand / Client: , Principal Contact: , Address:

Agency / Creator: , Principal Contact: , Address:

RECITALS

Brand and Agency desire to enter into a collaborative co-branded marketing campaign under the terms set forth in this Agreement. This Agreement sets forth the scope, deliverables, compensation, usage rights, and other material terms governing the parties' collaboration.

CAMPAIGN OVERVIEW

Campaign Name Objectives Target Audience Primary Channels

DELIVERABLES

The Agency shall produce the following co-branded deliverables in accordance with the specifications and deadlines below. Each deliverable is subject to Brand review and acceptance under the Acceptance Procedure defined below.

Deliverable 1 — Description

Deliverable 2 — Description

Additional Deliverables / Notes

SCHEDULE, REVIEW & ACCEPTANCE

Agency shall deliver materials by the deadlines set forth above. Brand shall have calendar days after delivery to provide written acceptance or requested revisions. If Brand requests revisions, Agency shall make commercially reasonable revisions within an agreed timeline. Final acceptance shall not be unreasonably withheld.

COMPENSATION & PAYMENT

Total Fee Payment Schedule (milestones, dates, percentages) Invoice and Payment Terms

USAGE RIGHTS & LICENSE

Agency hereby grants Brand a limited, non-exclusive (unless exclusive selected below), non-transferable license to use the co-branded materials for the purposes described in this Agreement. The license is limited to the Territory: and Term: .

License scope: Brand may reproduce, display, and distribute the co-branded deliverables solely as permitted for the Campaign. Any use beyond the Campaign requires prior written permission and a separate license agreement.

Exclusive Rights

Exclusive co-branding rights during the Term If exclusive selected, Kill Fee Amount

INTELLECTUAL PROPERTY & OWNERSHIP

Each party retains ownership of its pre-existing intellectual property and trademarks. Co-branded deliverables created under this Agreement shall be owned as follows: Brand shall own (specify elements) ; Agency shall retain rights to (specify elements) .

Use of either party's trademarks, logos, or house marks shall conform to the owning party's brand guidelines and be subject to prior approval not to be unreasonably withheld.

FTC DISCLOSURE & COMPLIANCE

The parties acknowledge that any consumer-facing content created in connection with the Campaign must include clear and conspicuous disclosures of the commercial relationship where required by applicable consumer protection laws. Agency shall ensure disclosures are placed in a manner that is prominent and readily understandable by the intended audience.

Disclosure Compliance Confirmation Agency will include required disclosures and provide examples for Brand approval

CONFIDENTIALITY

Each party shall keep confidential and not disclose the other party's proprietary or confidential information disclosed in connection with the Campaign. Confidential information does not include information that is publicly available other than through a breach of this Agreement.

TERMINATION

Either party may terminate this Agreement for material breach if such breach is not cured within days following written notice. Either party may terminate for convenience upon days advance written notice. In the event of termination by Brand without cause after Agency has commenced work, Brand shall pay a kill fee of to compensate for work performed to date.

INDEMNIFICATION & LIMITATION OF LIABILITY

Each party agrees to indemnify, defend and hold harmless the other party from third party claims arising from that party's breach of representations, misuse of third party materials, or negligence. Neither party shall be liable for consequential or incidental damages except for breaches of confidentiality, willful misconduct, or infringement of intellectual property. The aggregate liability of either party for direct damages shall not exceed the total fees paid under this Agreement.

MISCELLANEOUS

Governing Law: The Agreement shall be governed by the laws of the jurisdiction specified by Brand: . Notices shall be provided to the contacts listed above unless updated in writing.

Notices — Brand Email Notices — Agency Email

REPRESENTATIONS

Each party represents and warrants that it has full corporate power and authority to enter into this Agreement, that performance will not violate agreements with third parties, and that it owns or has the necessary rights to grant the licenses described herein.

SIGNATURES

Brand / Client — Print Name:

By:

Date:

Agency / Creator — Print Name:

By:

Date:

What the Marketing Co-brand Contract Is

The Marketing Co-brand Contract is a formal agreement between two organizations that jointly promote products, services, or campaigns under both brands. It sets expectations for creative ownership, approval workflows, asset usage, budgets, timelines, metrics, and data sharing. Typical clauses address intellectual property licensing, confidentiality, indemnification, payment or cost sharing, termination, and dispute resolution. Well-drafted agreements define deliverables, acceptance criteria, reporting cadence, and the governing law to reduce ambiguity and operational friction during the collaboration and after campaign close.

Why a Clear Co-brand Contract Matters

A Marketing Co-brand Contract reduces legal and operational risk by documenting brand usage rules, approval steps, data handling, and financial commitments. It protects intellectual property, clarifies who pays for which activities, and creates objective measures for campaign performance and liability allocation.

Who Typically Prepares and Signs This Agreement

Use this contract when two brands collaborate; primary users include marketing leads, legal teams, and external agencies coordinating campaigns.

Marketing managers and brand teams — own creative, approvals, budgets, and campaign KPIs.
Legal counsel — draft and review indemnities, IP licenses, confidentiality, and termination clauses.
External agencies and vendors — execute deliverables, adhere to brand guidelines, and report metrics.

Tailor complexity to the partnership: small one-off promotions can use a concise template; enterprise collaborations typically require detailed schedules and counsel review.

Core Sections to Include in a Professional Co-brand Contract

A complete Marketing Co-brand Contract organizes obligations into clear sections so partners can execute campaigns without ambiguity and with measurable responsibilities and remedies.

Scope

Describe campaign objectives, channels, territories, duration, target audience, and deliverables. Be explicit about exclusions to prevent scope creep and disputes over responsibilities.

Brand Use

Set logo placement rules, color and typography controls, approval workflows, asset ownership, and permitted co-brand layouts; reference an attached style guide or samples.

Financials

Specify cost allocation, media buy responsibilities, invoicing schedule, payment terms, currency, late fees, and reimbursements to avoid billing ambiguity.

IP & Licensing

Allocate ownership for pre-existing and jointly created assets, define licensing scope and duration, and state whether sublicensing or post-termination use is permitted.

Data & Privacy

Detail which campaign or customer data may be shared, permitted uses, security obligations, and responsibilities to comply with HIPAA, CCPA, or other applicable privacy laws.

Termination

Include termination triggers, notice periods, wind-down obligations, asset return or disposal, survival clauses for confidentiality and IP, and dispute resolution mechanisms.

Essential Contract Fields to Provide

Signatory Names: Full legal names as on government ID.

Company Details: Legal entity name and registered address.

Effective Date: Enter in MM/DD/YYYY format.

Consideration: Specify dollar amount or exact exchange.

Approval Workflow: Roles, approvers, and turnaround times.

Signature Blocks: Signer role, date, and signatory capacity.

Sequential Steps to Prepare and Execute the Contract

Follow these steps to draft, review, approve, and execute a co-brand agreement with clear accountability and an auditable record.

01

Draft: Define scope, deliverables, budget, and timeline clearly.
02

Review: Legal and brand teams review clauses and assets.
03

Approve: Obtain approvals via documented sign-off workflow.
04

Sign: Execute via signed originals or compliant eSignature.

How to Configure an Electronic Approval Workflow

Set up a digital workflow that enforces approver order, records timestamps, and distributes final copies to legal, finance, and marketing.

Field	Configuration
Approval Routing	Sequential approver order by role.
Authentication	Email link or SMS code options.
Conditional Fields	Show fields based on role or answers.
Audit Trail	Capture IP, timestamp, and actions.

Where Final Contracts Are Sent and Stored

Common routing for completed agreements includes legal archives, partner distribution, and campaign systems with version control and indexing for retrieval.

Send to Legal: Email PDF and store final version in DMS.
Share with Partner: Provide signed copy and campaign asset package.
Archive: Save executed contract in central repository with tags.
Report: Export KPIs and attribution data for review.

Technical Capabilities to Look For in Your Signing Platform

Choose solutions that support secure eSignatures, reliable audit trails, document versioning, and integrations with your CRM and cloud storage.

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

Timing Considerations and Key Dates

Track effective dates, approval lead times, launch deadlines, invoicing schedules, and retention trigger dates to avoid missed obligations and fines.

Effective Date:

Use MM/DD/YYYY to record when obligations begin.

Approval Lead Time:

Allow at least 5–10 business days per approver.

Campaign Launch:

Set firm launch date after final asset approval.

Invoice Due:

Specify payment terms, e.g., Net 30 from invoice date.

Record Retention:

Preserve executed copies per retention policy below.

Common Mistakes to Avoid When Preparing the Contract

Vague scope leads to scope creep and disputes, especially when partners assume creative or media responsibilities without documented budgets or deadlines; this often causes missed campaigns and cost overruns.
Failing to specify brand asset approval steps and turnaround times causes last-minute creative rework, inconsistent logo usage, and potential public relations issues.
Omitting clear data handling and attribution rules risks noncompliance with privacy laws and creates disputes over lead ownership and invoicing.
Not defining termination rights, wind-down duties, or post-termination license terms can lead to stranded assets and litigation over continued use of co-branded materials.

Principal Risks and Potential Consequences

Contract Disputes: Monetary damages and injunctive relief.

Brand Damage: Loss of customer trust and reputation.

Regulatory Fines: Privacy or advertising violations.

Payment Default: Late fees, collections, and credit impacts.

Data Breach: Breach notification obligations and liability.

IP Infringement: Cease-and-desist orders and damages.

Representative Use Cases and Customer Experiences

Real-world examples show how co-brand agreements and eSignature workflows reduce friction and accelerate campaign launches.

Optica Ventures — COO

Optica standardized partner approvals and customer-facing forms to reduce delays and maintain brand consistency.

Platform ease reduced signer friction and delays.
Brian Fitzgibbons said, "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers." The combined contract and signing workflow helped speed campaign launches and ensured consistent branding across channels.

Xerox — NetSuite Operations

Xerox integrated signatures into NetSuite to route approvals and centralize records for auditability.

Integration with ERP automated recordkeeping and billing.
Kodi-Marie Evans noted, "airSlate SignNow provides us with the flexibility needed to get the right signatures on the right documents, in the right formats, based on our integration with NetSuite." The approach reduced manual entry and improved compliance for document formats.

eSignature Pricing and Feature Snapshot for Co-brand Contracts

Compare core pricing and select capability indicators across common eSignature providers to help assess cost and compliance trade-offs for co-brand contracts.

	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 vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	Varies
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies	Varies

Frequently Asked Questions About Marketing Co-brand Contracts

Answers to common questions about signing, enforceability, notarization, disclosures, retention, and signer authority for co-brand agreements.

Need help? Contact support

Can this contract be signed electronically?
Yes. Electronic signatures are generally valid under the federal ESIGN Act (15 U.S.C. ch. 96, 2000) and UETA where adopted. Exceptions include certain testamentary documents and matters specifically excluded by statute; confirm for the specific transaction.
What is the difference between electronic and digital signatures?
An electronic signature is any electronic sound, symbol, or process executed with intent to sign. A digital signature is a cryptographic subset using PKI for stronger non-repudiation. Both are acceptable under ESIGN/UETA unless a specific regulation requires a cryptographic signature.
Is notarization required for co-brand agreements?
Generally no for commercial marketing contracts. Notarization is required or recommended only when state law or related transaction documents demand it, or when parties want added authentication; consider RON if remote notarization is needed.
Do consumer-facing disclosures apply to shared customer data?
Yes for consumer-facing transactions: ESIGN requires a consumer disclosure and consent process for electronic records in covered consumer contexts (15 U.S.C. §7001(c)). Ensure privacy notices and consent mechanisms comply with applicable laws like CCPA or HIPAA.
How long must I keep the executed contract?
Retain according to applicable rules: IRS generally requires tax records for 3 years (IRC §6501(a)); HIPAA requires six years for health records (45 CFR §164.530(j)). Industry rules or state law may require longer retention.
Who has authority to sign the agreement?
An authorized representative or officer of each legal entity should sign in the capacity specified. Confirm corporate authority via resolutions or POA where required to avoid challenges to enforceability.

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