Can creative ownership be transferred?

Yes. The agreement should include an explicit assignment clause or a license grant. State whether copyright is assigned or a perpetual license is granted, and specify territory and permitted uses to avoid ambiguity.

Is an electronic signature valid?

Yes. Electronic signatures are generally enforceable under federal ESIGN and state UETA laws when intent, consent, attribution, and record retention are present for the parties involved.

Do I need a notary or witness?

Typically no for commercial marketing agreements, except where a state or specific clause requires notarization or where certain parties request notarized signatures for added verification.

What happens to prior deliverables?

The agreement should identify prior materials, state whether they are licensed or assigned, and clarify permitted reuse, sublicensing, or modification rights for the continuation term.

How to handle third-party materials?

Disclose any third-party assets and confirm clearance or license terms. Include indemnity language if a party uses materials without required licenses to allocate responsibility.

Can clients revoke the agreement later?

Revocation or termination terms should be written into the agreement and may include notice periods, outstanding payment obligations, and handling of created assets post-termination.

Electronic Signature
Templates
Marketing
Marketing Creation Continuation Agreement

Marketing Creation Continuation Agreement

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

Marketing Creation Continuation Agreement

Parties

This Marketing Creation Continuation Agreement (the Agreement) is entered into as of (Effective Date) between:

Brand / Client Name:

Brand / Client Contact Name Brand / Client Address

Creator / Agency Name:

Creator / Agency Contact Name Creator / Agency Address

Recitals

WHEREAS, Brand / Client and Creator previously entered into a Marketing Creation Agreement dated ; and

WHEREAS, the parties desire to continue and expand the creation services, deliverables and license grants under the terms set forth herein.

Campaign & Continuation Scope

Campaign Name Campaign Objectives Target Audience Channels (e.g., social, video, display)

Deliverables & Schedule

The Creator will provide the following deliverables as a continuation and expansion of prior work:

Deliverable 1 — Description

Due Date:

Deliverable 2 — Description

Due Date:

Deliverable 3 — Description (if applicable)

Due Date:

Overall Milestone Schedule / Acceptance Criteria

Compensation & Expenses

Total Fee for Continuation Work: $

Payment Schedule (installments, milestones, retainers)

Invoicing Terms: Net days after receipt of invoice. Late payments accrue interest at .

Reimbursable Expenses & Budget Cap

Usage Rights, License & IP Ownership

Creator hereby grants Brand a license to use the Deliverables as provided below. Unless otherwise agreed in writing, the parties agree:

License Grant (scope, exclusivity, sublicensing)

Territory: Duration:

Work-for-hire: Check to confirm deliverables are commissioned as work made for hire; otherwise Creator assigns all necessary rights to Brand upon payment.

Assignment of Rights (if not work-for-hire)

Exclusivity

Exclusive Rights: If checked, Creator will not provide substantially similar creative work to direct competitors during the exclusivity period below.

Exclusivity Period: Exclusivity Fee (if any): $

FTC Disclosure Compliance

Creator represents and warrants that Creator will comply with all applicable advertising and endorsement laws and regulations, including clear, conspicuous disclosures of material connections where required.

Creator will include required disclosures in all sponsored posts and paid content and will provide Brand with the text or screenshot evidence of such disclosure upon request.

Confirmation of Compliance: Creator confirms compliance with disclosure obligations for all deliverables.

Termination & Kill Fee

Either party may terminate this Agreement upon written notice to the other party. Termination for convenience requires days' prior notice.

Kill Fee: If Brand terminates after work has commenced but prior to completion, Brand will pay Creator a kill fee equal to $ or a pro rata portion of fees earned to date, whichever is greater.

Termination Procedure / Deliverable Handover

Representations, Warranties & Indemnification

Creator represents and warrants that Deliverables will be original, will not infringe third-party rights, and will comply with applicable laws. Creator will obtain necessary releases for third-party talent and rights.

Indemnification

Limitation of Liability: Except for liability arising from willful misconduct or breach of confidentiality or intellectual property infringement, neither party's aggregate liability shall exceed $.

Confidentiality & Data

Confidential Information Treatment Data & Analytics Rights

Miscellaneous

Governing Law: The laws of govern this Agreement without regard to conflict of law principles.

Notices (addresses for service)

Entire Agreement; Amendment: This Agreement, together with the referenced original agreement as amended herein, constitutes the entire agreement between the parties with respect to the subject matter. Any amendment must be in writing and signed by both parties.

Signatures

Brand / Client Printed Name:

By:

Date:

Creator / Agency Printed Name:

By:

Date:

What the Marketing Creation Continuation Agreement Is

The Marketing Creation Continuation Agreement is a written contract that documents the ongoing rights, responsibilities, and deliverables for marketing materials created under an existing engagement. It clarifies scope, ownership of creative assets, payment terms for continued services, usage rights for prior and new content, and any transition or termination mechanics. The agreement is commonly used when a client and agency agree to extend campaigns, reuse existing creative, or continue content production beyond an initial term while preserving intellectual property and commercial license terms.

Why this agreement matters for ongoing marketing work

This document reduces ambiguity about who owns creative work, how previously produced assets may be reused, and how continued services will be invoiced and approved. It helps avoid disputes over copyright, payment, or licensing while documenting roles and expectations for both client and vendor.

Typical parties who complete this agreement

The agreement fits any ongoing marketing arrangement where clarity on ownership, usage, and fees is required.

Marketing agencies and creative firms extending campaigns or retaining deliverables for additional periods.
In-house marketing teams formalizing vendor relationships and reuse licenses for previously created content.
Freelance creators and consultants documenting ongoing work scope, payment, and IP assignment terms.

Step-by-step: completing the agreement

Follow these steps in order to create a clear, enforceable continuation agreement that reflects both parties' expectations.

01

Gather documents: Collect original contract and prior creative asset lists.
02

Define scope: List continued deliverables and reuse permissions.
03

Set fees: Agree on price, invoicing, and payment terms.
04

Sign and retain: Execute the agreement and store executed copies securely.

Frequently asked questions and answers

Common questions about use, enforceability, and practical steps when drafting or signing a Marketing Creation Continuation Agreement.

Need help? Contact support

Can creative ownership be transferred?
Yes. The agreement should include an explicit assignment clause or a license grant. State whether copyright is assigned or a perpetual license is granted, and specify territory and permitted uses to avoid ambiguity.
Is an electronic signature valid?
Yes. Electronic signatures are generally enforceable under federal ESIGN and state UETA laws when intent, consent, attribution, and record retention are present for the parties involved.
Do I need a notary or witness?
Typically no for commercial marketing agreements, except where a state or specific clause requires notarization or where certain parties request notarized signatures for added verification.
What happens to prior deliverables?
The agreement should identify prior materials, state whether they are licensed or assigned, and clarify permitted reuse, sublicensing, or modification rights for the continuation term.
How to handle third-party materials?
Disclose any third-party assets and confirm clearance or license terms. Include indemnity language if a party uses materials without required licenses to allocate responsibility.
Can clients revoke the agreement later?
Revocation or termination terms should be written into the agreement and may include notice periods, outstanding payment obligations, and handling of created assets post-termination.

Typical eSignature vendors for signing this agreement

Compare common eSignature providers and features to help choose a platform for executing Marketing Creation Continuation Agreements.

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

Key security and compliance elements to include

Transport Encryption: TLS 1.2/1.3

Data at Rest: AES-256 encryption

Certifications: SOC 2 Type II, ISO 27001

Privacy Compliance: GDPR, CCPA controls

Health Compliance: HIPAA (BAA required)

Federal eSign Laws: ESIGN and UETA compliance

Consequences of incomplete or incorrect agreements

Invalid Assignment: May void ownership transfer

Payment Disputes: Late fees and collection actions

IP Exposure: Unauthorized reuse risk

Regulatory Fines: Potential industry penalties

Privacy Breach: HIPAA or data privacy liability

Notary Defect: Execution defects can delay enforcement

Common drafting and execution mistakes

Leaving ownership language vague and failing to specify whether deliverables are assigned or merely licensed can trigger later disputes over copyright and revenue.
Failing to list prior materials and their clearance status exposes parties to third‑party claims if images, music, or stock assets were not properly licensed.
Omitting precise payment milestones or acceptance criteria increases the likelihood of late payments and disagreements about deliverable approval.
Not specifying renewal, termination, or notice mechanics can result in unwanted automatic renewals or gaps in service and rights.

How to execute the agreement electronically

A typical electronic execution workflow reduces turnaround and preserves an auditable trail for each signing event.

Upload Document: Add final agreement to the eSignature platform.
Place Fields: Insert signature, date, and initial fields.
Add Signers: Enter signer emails and routing order.
Capture Audit Trail: Platform logs timestamps, IPs, and actions.

Recommended digital workflow settings

Configure the signing workflow to match your approval, authentication, and retention needs.

Field	Configuration
Authentication	Email link, SMS code, or KBA
Field Types	Signature, initials, date, text
Routing Order	Sequential or parallel routing
Retention	Store signed PDF and audit trail

Platform and integration considerations

Choose a signing platform that supports your identity, storage, and integration needs before sending the agreement.

Integrations: Salesforce, Microsoft 365, NetSuite
File Formats: PDF, DOCX supported
Authentication: Email, SMS, SSO

Typical timeline items and target dates

Use these standard internal deadlines to keep continuations on schedule and ensure deliverable acceptance and payment.

Request Execution:

Issue agreement for signature within 5 business days of approval.

Signature Due Date:

Set signer deadline, commonly 7–14 days from sending.

Effective Date:

Effective date often coincides with final signature date.

Invoice Timing:

Invoice on agreed milestone or monthly schedule.

Renewal Notice:

Provide renewal or termination notice per contract window.

Core provisions to include in the agreement

Ensure the agreement includes essential clauses that govern work, payment, intellectual property, and dispute resolution.

Parties

Identify each contracting entity and contact information, including billing and legal representatives.

Scope

Define continued deliverables, performance metrics, acceptance criteria, and any excluded work explicitly.

Compensation

Detail fees, invoicing schedule, expenses, and late payment consequences.

IP and License

Clarify ownership, assignment, license scope, sublicensing rights, and moral rights waivers if applicable.

Term and Termination

State duration, renewal terms, termination rights, notice periods, and post-termination obligations.

Liability & Indemnity

Limit liabilities, include indemnities for third‑party claims, and address insurance expectations.

Real-world examples of how this agreement is used

Two practical scenarios showing common continuity arrangements and clauses to consider.

Agency Continuation

An agency extends a six‑month campaign to another six months and documents deliverables and payments up front

Points of focus: asset reuse and license scope
The continuation agreement specified continued creative ownership by the agency with a broad commercial license to the client and set fixed monthly fees with acceptance criteria to simplify approvals and invoicing.

Brand Partnership

A brand retains a freelancer to adapt existing video assets for seasonal promotions

Points of focus: clear assignment and third‑party clearances
The agreement required the freelancer to warranty third‑party clearances, assigned newly created footage to the brand, and included a limited carve‑out for the freelancer to show work in a portfolio.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now