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Marketing Connected TV Agreement

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MARKETING CONNECTED TV AGREEMENT

This Marketing Connected TV Agreement (the Agreement) is made effective as of , by and between:

Brand/Client Name:

Agency/Provider Name:

RECITALS

Brand desires to engage Agency to create, procure placement for, and manage a Connected TV (CTV) advertising campaign and Agency has the expertise and relationships to perform such services on the terms set forth in this Agreement.

DEFINITIONS

For purposes of this Agreement: "Connected TV" or "CTV" means video advertising delivered to television screens via internet-connected devices; "Campaign" means the marketing program described in Section: Scope of Services; "Deliverables" means all creative assets, tags, placements and related materials to be provided by Agency.

SCOPE OF SERVICES

Primary Channels (check all that apply):
        

DELIVERABLES & SCHEDULE

Deliverables shall include the materials and placements described below and shall be delivered in accordance with the schedule provided.

Campaign Start Date:      Campaign End Date:

COMPENSATION & PAYMENT

Invoices shall be submitted by Agency and payment shall be due within days of receipt of a proper invoice unless otherwise agreed in writing.

USAGE RIGHTS & INTELLECTUAL PROPERTY

Subject to Brand's payment of fees in full, Agency hereby grants Brand a non-exclusive, transferable (as necessary for media delivery), worldwide license to use the Deliverables for the Campaign for the duration set forth below. Creative furnished by Brand shall remain Brand's sole property. Creative developed by Agency specifically for the Campaign shall be owned as set forth below.

EXCLUSIVITY

Brand and Agency agree the Campaign shall be    . If Exclusive is selected, the scope of exclusivity shall be:

FTC DISCLOSURE COMPLIANCE

Agency and Brand each represent and warrant that all advertising and promotional content will comply with applicable advertising disclosure laws and regulations requiring clear and conspicuous disclosure of material connections and sponsored content. Agency shall ensure that any talent or third-party publisher placements include required disclosures in a manner consistent with platform policies and regulatory requirements.

REPORTING & METRICS

Agency will provide campaign performance reporting, including impressions, completed views, conversions (if applicable), and placement logs. Reports will be delivered on the cadence below and will include methodology and attribution rules.

CONFIDENTIALITY

Each party shall keep confidential all non-public business information disclosed by the other party and shall use such information only for performance under this Agreement. Confidential information does not include information that is or becomes publicly known other than by breach of this provision.

WARRANTIES, REPRESENTATIONS & INDEMNIFICATION

Each party represents that it has the right to enter into this Agreement. Agency represents that Deliverables will not infringe third-party intellectual property rights and will comply with applicable law. Each party agrees to indemnify, defend and hold harmless the other from losses arising from breaches of representations, or from claims arising from its own negligence or willful misconduct.

LIMITATION OF LIABILITY

Except for gross negligence, willful misconduct, or indemnity obligations, neither party shall be liable for consequential, incidental, special or punitive damages. Agency's aggregate liability for claims arising out of this Agreement shall not exceed the total amounts paid by Brand to Agency under this Agreement in the six (6) months preceding the claim.

TERMINATION

Either party may terminate this Agreement for material breach if the breaching party fails to cure within days after written notice. In addition, either party may terminate for convenience upon days' prior written notice; termination for convenience by Brand will be subject to payment of the Kill Fee set forth above.

DATA, PRIVACY & AUDIENCE TARGETING

The parties shall comply with applicable privacy and data protection laws. Brand and Agency shall not provide any personally identifiable information (PII) to each other except as expressly permitted and only in accordance with applicable law and the privacy protections set forth herein.

FORCE MAJEURE

Neither party shall be liable for delays or failures to perform caused by events beyond its reasonable control, including but not limited to acts of God, internet outages, platform outages, strikes, or governmental actions. The affected party shall provide prompt notice and use commercially reasonable efforts to mitigate the effect of such event.

GOVERNING LAW & DISPUTE RESOLUTION

This Agreement shall be governed by the laws of: without regard to conflict of laws principles. The parties agree to attempt in good faith to resolve disputes through negotiation prior to pursuing litigation.

NOTICES

Notices under this Agreement shall be delivered to the contact information below:

MISCELLANEOUS

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements. Amendments must be in writing and signed by authorized representatives of both parties.

Brand/Client:

By:

Date:

Agency/Provider:

By:

Date:

Enter text✕

What a Marketing Connected TV Agreement Covers

A Marketing Connected TV Agreement is a contractual document that sets the commercial and technical terms between an advertiser, agency, or brand and a connected television (CTV) publisher, streaming platform, or ad network. It defines campaign scope, inventory or placement rights, creative specifications, delivery and measurement methods, data use and privacy obligations, payment terms, indemnities, and termination rights. The agreement also documents performance SLAs, reporting cadence, and responsibilities for third-party ad tech vendors. When executed correctly it reduces operational ambiguity and provides the basis for dispute resolution and regulatory compliance.

Why a Clear CTV Agreement Matters

A well-drafted Marketing Connected TV Agreement minimizes execution risk, sets measurable KPIs, protects data and IP, and clarifies payment and remediation paths. It helps align creative, ad ops, and legal teams and supports compliance with U.S. electronic signature laws such as ESIGN and state UETA frameworks.

Why a Clear CTV Agreement Matters

Who Typically Negotiates and Signs This Agreement

The agreement is used across commercial, technical, and legal teams; roles vary by organization size and workflow.

  • Advertisers and agencies responsible for media buys, campaign strategy, and payment obligations.
  • Streaming platforms, publishers, and ad networks providing CTV inventory and delivery services.
  • Ad tech vendors and measurement providers supplying tracking, reporting, or audience data.

Parties should confirm signatory authority and any industry-specific approvals before signing to avoid execution delays.

Essential Elements to Include in a Professional CTV Agreement

Including clear, specific contract sections reduces ambiguity during campaign setup and execution. The following six components are particularly important for CTV placements.

Scope of Services

Define channels, inventory types (AVOD, FAST, OTT apps), impressions or CPM floors, flight dates, and any guaranteed delivery volumes to avoid scope disputes.

Creative & Specs

List accepted creative formats, file sizes, aspect ratios, closed captioning requirements, technical validation steps, and delivery deadlines tied to campaign timelines.

Measurement & Reporting

Specify measurable KPIs, reporting cadence, third‑party verification vendors, viewability standards, and procedures for reconciling discrepancies.

Data Use & Privacy

Describe permissible audience targeting, data sharing, retention, and processing obligations to align with privacy laws and advertiser policies.

Payment Terms

State fees, invoicing schedule, net payment terms, dispute resolution for billing differences, and consequences for late payment.

Liability & IP

Allocate indemnities, intellectual property ownership, usage rights for creatives and data, limits on liability, and termination remedies.

Step-by-Step: How to Complete and Execute the Agreement

A concise execution workflow helps teams move from draft to live campaign with fewer delays.

  • 01
    Prepare Draft: Populate required fields and attach SOW or IO.
  • 02
    Review Internally: Legal, ad ops, and finance confirm terms and budgets.
  • 03
    Sign Electronically: Use an ESIGN/UETA‑compliant eSignature solution for execution.
  • 04
    Activate Campaign: Confirm creative ingestion and schedule start with ad ops.

How to Configure an Online Signing Workflow

Configure workflows so routing, authentication, and post-sign actions match your internal controls and audit needs.

Field Configuration
Signing Method Guest link or authenticated account
Authentication Email code, SMS OTP, or stronger KBA
Template Use Create a reusable template for recurring campaigns
Post-Sign Routing Auto-send signed PDF to legal and finance

Where to Send the Executed Agreement and Related Assets

After execution, route the final agreement and supporting materials to relevant teams and systems to trigger operation and accounting steps.

  • Ad Operations: Receive final creatives and trafficking instructions to schedule delivery.
  • Finance: Receive signed agreement and invoice instructions for payment setup.
  • Legal: Store executed copy for compliance and audit purposes.
  • Cloud Archive: Save final PDF and audit trail in secure storage.

Technical and Integration Considerations for eSigning and Delivery

Ensure chosen platforms support required file formats, integrations, and signer authentication to maintain operational continuity.

  • File Formats: PDF, DOCX accepted for final agreements
  • Integrations: Salesforce, NetSuite, Google Workspace, Box
  • Authentication: Email, SMS OTP, or SSO with SAML

Typical Timelines and Deadlines to Plan For

Map internal deadlines to agreement milestones so creative, trafficking, and billing tasks align with the contract schedule.

Creative Deliverables Due:

Often required 10 business days before campaign start

Signed IO Deadline:

Secure signed insertion order at least five business days before launch

Campaign Start:

Date when ad serving and billing commence

Monthly Reporting:

Performance reports typically delivered within 15 business days

Payment Due:

Commonly net 30 from invoice date

Common Risks and Contractual Consequences

Late Creative: May delay or reduce impressions
Incorrect Targeting: Leads to wasted spend
Privacy Breach: Potential regulatory fines
Nonpayment: Campaign suspension or collection actions
IP Infringement: Indemnity claims and removal obligations
Breach of SLA: Remedies include credits or termination

eSignature Vendor Comparison for Executing CTV Agreements

Compare common eSignature providers on price and basic capabilities relevant to executing and storing Marketing Connected TV Agreements. signNow is listed first per comparative format.

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 Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year No cap No cap No cap

Security and Compliance Considerations

In-Transit Encryption: TLS 1.2/1.3
At-Rest Encryption: AES-256
Regulatory Standards: ESIGN, UETA support
Healthcare Compliance: HIPAA BAA available
Audit Certification: SOC 2 Type II
Industry Compliance: 21 CFR Part 11 support options

Practical Tips for Accurate and Efficient Agreement Completion

Follow these practices to limit execution delays and reduce post‑signature disputes when working with CTV contracts.

Standardize Templates
Use a single, reviewed template for recurring campaigns to reduce negotiation time and ensure consistent legal terms across buys.
Confirm Signatory Authority
Verify the signer has authority to bind the entity, capturing job title and corporate authorization to avoid later validity challenges.
Attach Technical Exhibits
Include creative specs, trafficking instructions, and reporting templates as appendices so operational teams have unambiguous delivery requirements.
Preserve Audit Trail
Keep signed PDFs and complete audit logs to demonstrate intent, attribution, and retention for legal or regulatory review.

Frequently Asked Questions and Practical Answers

Answers to common execution and compliance questions for Marketing Connected TV Agreements, focused on U.S. legal and operational considerations.


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