Can this agreement be signed electronically?

Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. §7001) and in most states under UETA, provided the parties intended to sign, consented to electronic records, the signature can be attributed to the signer, and the record can be retained.

When is a notary or witness required?

Most commercial marketing agreements do not require notarization or witnesses. Specific filings or local formalities may require notarization, and certain states require witnesses for specific instruments; check state statutes before assuming it is unnecessary.

Who should sign on behalf of a company?

A person with actual authority—typically a corporate officer, authorized manager, or named signatory—should sign. If in doubt, request a board resolution or power of attorney that confirms signing authority.

How do I amend the agreement later?

Use a written amendment signed by all parties that references the original agreement, states the effective date for the change, and explicitly preserves unchanged provisions to avoid ambiguity.

What if a party refuses to pay?

Follow contractual dispute resolution steps first; remedies may include late fees, suspension of services, collection proceedings, or arbitration or litigation if specified in the agreement.

How long must I keep signed agreements?

Retain executed contracts per applicable standards: at least three years for tax purposes (IRC §6501(a)), six years for HIPAA-related records (45 CFR §164.530(j)), and longer if industry rules require it.

Electronic Signature
Templates
Marketing
Marketing Company Agreement

Marketing Company Agreement

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

MARKETING COMPANY AGREEMENT

This Marketing Company Agreement ("Agreement") is entered into as of Effective Date: by and between Brand/Client: and Marketing Company/Agency: .

RECITALS

WHEREAS, Client desires to engage Agency to perform marketing, content creation and related services in connection with the Campaign described below; and WHEREAS, Agency has the expertise, personnel and resources to perform such services; NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows.

SCOPE OF SERVICES

Campaign Name Campaign Objectives Target Audience Primary Channels

DELIVERABLES; TIMELINE; ACCEPTANCE

Agency shall produce the deliverables described below in accordance with the delivery schedule. Delivery of each item is conditional on Client's timely provision of required materials and approvals.

Deliverable 1 — Description

Deliverable 2 — Description

Additional Deliverables / Acceptance Criteria

COMPENSATION & PAYMENT

Client shall pay Agency the fees set forth below in accordance with the payment schedule. Fees are exclusive of applicable taxes unless otherwise stated.

Total Fee Deposit / Upfront Payment

Balance payable:

Payment Method / Instructions Late Payment

EXPENSES

Client will reimburse pre-approved out-of-pocket expenses incurred by Agency in connection with the Services. Expenses require written pre-approval when exceeding:

Expense Reimbursement Procedure

INTELLECTUAL PROPERTY & LICENSE

Subject to Client's full payment of all amounts due, Agency hereby grants Client a non-exclusive, royalty-free license to use the Deliverables for the Permitted Uses specified below. Agency retains all rights in underlying methodologies, know-how, and pre-existing materials.

Permitted Uses / Scope of License

Exclusivity

The parties agree that Agency's services in this Agreement are exclusive with respect to the Product/Category described below:

FTC DISCLOSURE COMPLIANCE

Agency and any Creators working on behalf of Agency shall comply with all applicable consumer protection and advertising disclosure obligations. Sponsored content must be clearly and conspicuously disclosed as paid or sponsored as required by law.

Disclosure Language to be used in sponsored posts

Agency certifies it will ensure disclosures are applied to all applicable Deliverables.

CONFIDENTIALITY

Each party agrees to hold in confidence Confidential Information of the other party and not to use it except to perform obligations under this Agreement. Confidential Information does not include information that is public or independently developed.

Confidential Information — Special Provisions Confidentiality Term (years)

WARRANTIES, REPRESENTATIONS & COVENANTS

Each party represents and warrants that it has authority to enter this Agreement and that performance will not violate agreements with third parties. Agency warrants that Deliverables will not infringe third-party rights and will materially conform to the specifications set forth in this Agreement.

Client represents that it has no obligations that conflict with the rights granted in this Agreement.

INDEMNIFICATION; LIMITATION OF LIABILITY

Indemnity Scope Liability Cap

TERMINATION

Either party may terminate for material breach if such breach remains uncured for the Notice Period specified below. Client may terminate for convenience upon written notice and payment of applicable fees and a kill fee.

Notice Period for Cure (days) Kill Fee (amount payable upon termination for convenience)

INSURANCE

Required Insurance

NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below.

Client Notice Address Agency Notice Address

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by the laws of the State of , without regard to conflict of laws principles. The parties agree to attempt negotiation in good faith before initiating litigation; failing resolution, disputes shall be resolved in the courts or arbitration as agreed below.

Dispute Resolution

MISCELLANEOUS

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements. No amendment will be effective unless in writing and signed by both parties. Agency is an independent contractor; nothing creates an employment, joint venture, or agency relationship apart from the limited license herein.

Special Provisions / Additional Terms

Brand/Client:

By:

Date:

Marketing Company/Agency:

By:

Date:

What a Marketing Company Agreement Is and When It Applies

A Marketing Company Agreement is a written contract that defines the working relationship between a marketing services provider and a client. It typically describes services to be provided, performance milestones, deliverables, payment terms, intellectual property ownership, confidentiality obligations, and termination rights. The agreement creates clear expectations for campaign scope, timelines, reporting, and liability allocation, and it can be executed on paper or electronically when both parties consent under U.S. e-signature law.

Why a Clear, Signed Agreement Matters for Marketing Work

A signed Marketing Company Agreement reduces disputes, clarifies deliverables and payment timing, protects intellectual property, and documents consent to data handling and confidentiality obligations under applicable law.

Who Commonly Prepares and Signs This Agreement

Selecting the correct signing parties and authority levels up front ensures enforceability and smooth execution during campaign lifecycles.

Small marketing agencies that manage campaigns for multiple clients and need standardized terms to scale operations.
In-house marketing departments that engage vendors, contractors, or media partners for specialized services.
Independent contractors and consultants who require written terms for scope, deadlines, and payment assurances.

Typical Signers and Their Roles

Agency Owner

An agency owner or authorized executive signs for the provider and accepts liability for delivery, warranties, and client confidentiality. They must have corporate authority to bind the company and approve payment terms and IP assignments.

Marketing Director

An in-house marketing director or procurement lead signs on behalf of the client to authorize work, accept deliverables, and trigger payment obligations. Their signature confirms budget availability and acceptance criteria.

Core Sections to Include in a Professional Agreement

A complete Marketing Company Agreement groups essential legal and operational items so each party understands responsibilities, rights, and remedies throughout the engagement.

Parties

Legal names and entity types for provider and client, including mailing address and a designated contact for notices and service of process.

Scope of Services

Precise description of deliverables, campaign objectives, channels used, acceptance criteria, reporting cadence, and any excluded services or out-of-scope activities.

Compensation

Fee structure, invoicing schedule, expense reimbursement, late-payment remedies, and any performance-based bonuses or holdbacks.

Term and Termination

Start and end dates, auto-renewal clauses if any, termination for cause or convenience, notice periods, and post-termination duties.

Confidentiality

Nondisclosure obligations for proprietary information, data handling rules, permitted disclosures, and duration of confidentiality obligations.

Intellectual Property

Ownership of campaign materials and deliverables, assignment language, license grants, moral rights waivers, and rights to use pre-existing IP.

Quick Steps to Complete and Execute the Agreement

Follow these steps to prepare, review, and finalize the Marketing Company Agreement.

01

Prepare Document: Draft scope and fees clearly.
02

Populate Fields: Enter legal names and dates accurately.
03

Legal Review: Have counsel review material terms.
04

Execute: Obtain signatures and distribute copies.

How Electronic Signing and Distribution Usually Works

An electronic workflow can streamline signature collection while preserving an audit trail and record of consent under U.S. e-signature law.

Upload Document: Sender uploads contract to the e-sign platform.
Place Fields: Add signature, initial, and date fields where needed.
Authenticate Sender: Choose email, SMS, or stronger signer authentication.
Capture Audit Trail: System records timestamps, IP, and actions.

Common Workflow Settings for Online Execution

Configure these workflow settings to match your internal approval and compliance needs before sending the agreement for signature.

Field	Configuration
Routing Order	Sequential or parallel routing for multiple signers
Authentication	Email link, SMS code, or knowledge-based checks
Reminder Schedule	Auto-reminders at set intervals until signing
Archive Location	Save final PDF to cloud storage or CRM

Technical Considerations for eSigning and Integration

Choose a platform that meets your security, retention, and integration needs and supports the export formats required for recordkeeping and audits.

File Formats: PDF, DOCX, or HTML supported
Integrations: CRM and cloud storage connectors
Authentication Options: Email, SMS, KBA, or SSO

Typical Deadlines and Payment Milestones to Include

Specify clear dates and payment triggers to reduce disputes and ensure timely delivery and billing.

Effective Date:

Date when obligations and payment terms begin; use MM/DD/YYYY format.

Campaign Start:

Concrete start date for work or media buys to align teams.

Milestone Payments:

Define due dates or delivery-based triggers, e.g., 30 days after invoice.

Termination Notice:

Specify notice period required to end the agreement cleanly.

Final Deliverable Date:

Date for final assets and reporting with acceptance criteria.

Key Project Milestones from Proposal to Closeout

Map major stages so each party understands expected timing and associated approvals during the campaign lifecycle.

01

Proposal Accepted

Client approves scope and fees; kickoff is scheduled.

02

Kickoff and Onboarding

Team alignment, asset transfer, and calendar setup occur.

03

Mid-Campaign Review

Performance check and scope adjustments if needed.

04

Final Delivery

Submit final reports, invoices, and transfer IP rights if applicable.

Common Mistakes to Avoid When Preparing the Agreement

Vague scope language that omits specific deliverables and acceptance criteria, leading to disputes over what was promised.
Unclear payment terms or missing invoice schedules that create late payments and disagreement about reimbursable expenses.
Failing to address intellectual property ownership and licensing for created assets, causing downstream ownership disputes.
Not specifying data handling or privacy expectations when campaigns use customer data, increasing regulatory and reputational risk.

Short Summary of Key Risks and Contractual Consequences

Payment Default: Late fees, interest, and collection costs

IP Dispute: Injunctions or damages for ownership conflicts

Confidentiality Breach: Monetary damages and reputational harm

Termination Liability: Early-termination fees or final accounting obligations

Tax Reporting: Backup withholding 24% for missing TINs

Missing Notarization: Possible enforcement challenges for certain filings

Security and Compliance Details to Verify

Encryption: TLS 1.2/1.3; AES-256 at rest

Audit Trail: Timestamp, IP, and action history retained

HIPAA: BAA available for protected health information

Certifications: SOC 2 Type II and ISO 27001

Regulatory Support: ESIGN and UETA compliance

Accessibility: WCAG 2.0 Level AA support

Typical eSignature Pricing and Feature Snapshot

Compare starting price and common enterprise features across providers. signNow is listed first per platform comparison conventions.

	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, no card	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Examples of How Organizations Use a Marketing Company Agreement

Real-world examples show typical uses and the kinds of clauses organizations adopt for clarity and risk management.

Agency Scaling

An agency standardized a template to reduce negotiation time and improve margins

Saved internal review cycles
The template reduced turnaround time, made scope changes easier to track, and simplified invoicing for recurring retainer clients.

Healthcare Campaign

A health services provider added a HIPAA addendum for patient-targeted outreach

Required BAA
The addendum clarified permitted PHI uses, required data minimization, and documented security obligations for vendors.

Practical Tips to Improve Accuracy and Reduce Execution Time

Adopt these practices to lower dispute risk, accelerate approval cycles, and maintain compliance.

Use Clear Deliverables

Define specific outputs, formats, and acceptance criteria to avoid subjective judgments about completion.

Standardize Payment Terms

Use consistent net payment days and late fee language across contracts to simplify accounting.

Include IP Assignment

Spell out who owns final creative work and whether the client receives an exclusive license or full assignment.

Preserve Audit Trails

Keep electronic evidence of consent, version history, and signer authentication for compliance and dispute resolution.

Frequently Asked Questions About Marketing Company Agreements

Answers below address common execution, enforcement, and compliance questions for marketing contracts and electronic signatures.

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. §7001) and in most states under UETA, provided the parties intended to sign, consented to electronic records, the signature can be attributed to the signer, and the record can be retained.
When is a notary or witness required?
Most commercial marketing agreements do not require notarization or witnesses. Specific filings or local formalities may require notarization, and certain states require witnesses for specific instruments; check state statutes before assuming it is unnecessary.
Who should sign on behalf of a company?
A person with actual authority—typically a corporate officer, authorized manager, or named signatory—should sign. If in doubt, request a board resolution or power of attorney that confirms signing authority.
How do I amend the agreement later?
Use a written amendment signed by all parties that references the original agreement, states the effective date for the change, and explicitly preserves unchanged provisions to avoid ambiguity.
What if a party refuses to pay?
Follow contractual dispute resolution steps first; remedies may include late fees, suspension of services, collection proceedings, or arbitration or litigation if specified in the agreement.
How long must I keep signed agreements?
Retain executed contracts per applicable standards: at least three years for tax purposes (IRC §6501(a)), six years for HIPAA-related records (45 CFR §164.530(j)), and longer if industry rules require it.

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