Can this brochure be electronically signed?

Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided intent, consent, attribution, and retention requirements are met.

When is a written consumer disclosure required?

Consumer-facing electronic records that replace a paper record require the ESIGN consumer disclosure and affirmative consent process per 15 U.S.C. §7001(c).

Do I need notarization or witnesses?

Marketing Disclosure Brochures generally do not require notarization or witnesses. If the brochure is attached to a document that requires notarization, follow the specific notarization rules for that document and state.

What if information changes after distribution?

Issue a revised brochure with a new effective date and version number and notify prior recipients as required by contract or applicable regulation.

How long should I retain signed brochures?

Retain signed brochures and audit logs at least three years for general records; retain longer if industry rules apply (e.g., HIPAA six years, SEC six years).

Which fields cause the most problems?

Common issues include mismatched legal names, missing effective dates, unclear compensation language, and omitted contact info—each can impede enforcement or trigger regulatory scrutiny.

Electronic Signature
Templates
Marketing
Marketing Disclosure Brochure

Marketing Disclosure Brochure

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

Marketing Disclosure Brochure

Effective Date: This Marketing Disclosure Brochure (the brochure) describes the material terms, disclosures, and required statements to be used by the parties for the campaign identified below. The parties acknowledge that the representations and obligations set forth in this brochure are incorporated into and govern any related marketing services agreement between the parties.

Parties

Brand / Client Name Brand Contact & Address

Brand Entity Type:
Individual Corporation LLC Partnership Other

Creator / Agency Name Creator Contact & Address

Creator Entity Type:
Individual Corporation LLC Partnership Other

Campaign Description

Campaign Name Objectives Target Audience Primary Channels (select all that apply)

Social media Email Display advertising Video Other

Campaign Period: Start Date End Date

Estimated Campaign Budget

Deliverables

Deliverable 1 Description:

Format & Quantity

Deadline: Acceptance Criteria:

Deliverable 2 Description:

Format & Quantity

Deadline: Acceptance Criteria:

Compensation & Payment

Total Fee Payment Schedule / Milestones Reimbursable Expenses

Travel Production Other

Late Payment

Usage Rights & Intellectual Property

Grant of License: Creator hereby grants Brand a license to use the deliverables as follows:

Territory

Duration of License

Rights Granted (select all that apply)
Reproduce Modify Distribute Sublicense Public display

Ownership of Created IP List Brand Pre-existing Materials (if any) List Creator Pre-existing Materials (if any)

FTC Disclosure Compliance

The parties acknowledge that all promotional content must include clear and conspicuous disclosure of material connections in accordance with applicable consumer protection rules. Creator agrees to include disclosure language on or within each piece of promotional content where required.

Standard Disclosure Text to Appear in Content

Brand and Creator confirm that disclosures will be timely, prominent, and compliant with applicable disclosure rules.

Exclusivity

Exclusivity Required: Yes If yes, Scope:

Exclusivity Period: Exclusivity Fee (if any):

Termination

Termination for Convenience: Either party may terminate upon days' written notice.

Termination for Breach: Material breach not cured within days after written notice.

Kill Fee / Cancellation Fee

Confidentiality, Indemnity & Liability

Confidential Information disclosed in connection with this campaign shall be used solely for performance of obligations and not disclosed except as permitted. Each party will indemnify the other for third-party claims arising from their breach of representations or infringement.

Limitation of Liability (Cap) Indemnity Scope

Governing Law & Dispute Resolution

Governing Law: . Disputes will be resolved by in the chosen forum.

Representations & Warranties

Each party represents and warrants that it has authority to enter into this brochure, that any materials provided do not infringe third-party rights, and that required disclosures will be included in promotional materials.

Additional Notes / Special Terms

Brand:

By:

Date:

Creator / Agency:

By:

Date:

What the Marketing Disclosure Brochure Is and When It Applies

A Marketing Disclosure Brochure explains the purpose, scope, and material disclosures associated with a marketing communication or program. It typically lists who is distributing the material, the intended audience, any compensation or affiliations, data collection and privacy practices, and how recipients can opt out. The brochure supports transparent marketing practices and helps organizations meet regulatory or contractual disclosure obligations while documenting versions and distribution records for compliance and audit purposes.

Why a Clear Disclosure Brochure Matters

A concise, accurate Marketing Disclosure Brochure reduces legal risk, clarifies obligations for recipients, and documents compliance steps. It helps meet consumer protection standards and supports consistent messaging across channels.

Typical Users and Stakeholders

Clear ownership and role definitions make the brochure useful across departments and for third-party audits.

Marketing and Communications teams preparing external materials and ensuring required statements are present.
Legal and Compliance personnel reviewing language for regulatory consistency and risk mitigation.
Vendors and partners who must align their messaging and document affiliate or compensation disclosures.

Core Components to Include in the Brochure

A professional Marketing Disclosure Brochure groups essential items into clear sections so recipients and auditors can quickly locate required information.

Title

A clear title specifying the document is a Marketing Disclosure Brochure and the campaign or material it covers, with a version identifier.

Distributor Details

Legal entity name, business address, contact person, and business registration or license numbers where applicable.

Material Disclosures

Statements on affiliations, sponsorships, compensation, endorsements, and any materially misleading claims that the recipient should note.

Data Practices

Description of personal data collected, processing purpose, retention, third-party sharing, and privacy notices or links to privacy policies.

Consumer Rights

Opt-out instructions, method to request correction or deletion, and any required ESIGN consumer disclosure for electronic consent.

Versioning

Document effective date, version number, approval signatory, and a changelog for subsequent updates.

Step-by-Step: Preparing and Issuing the Brochure

Follow these sequential steps to prepare, review, and distribute a compliant Marketing Disclosure Brochure.

01

Draft: Create the brochure content and populate required fields.
02

Legal Review: Have compliance or counsel verify disclosures and consumer language.
03

Approval: Obtain authorized signatory approval and record version metadata.
04

Distribution: Share via the chosen channels and retain delivery records.

Where to Send or File the Brochure

Different recipients and channels require different delivery methods; capture routing to support audits.

Recipients: Email lists, partners, regulators, or consumers as applicable.
Internal Archive: Company document management system with version history.
Public Posting: Website hosting where consumer access is required.
Regulatory Filing: Submit to regulator when statute or contract requires formal filing.

Recommended Digital Workflow Settings

Configure a repeatable workflow for online completion, review, signature, and archival to preserve audit evidence.

Field	Configuration
Signer Authentication	Email plus SMS code or stronger KBA for higher-assurance needs
Conditional Fields	Show sponsor details only when compensation is present
Audit Trail	Enable IP, timestamp, and action logging for each signer
Storage	Save final PDF and metadata to secure DMS with access controls

Technical Considerations for eDelivery and eSigning

Ensure chosen systems maintain tamper-evident storage and meet any industry-specific compliance requirements.

File Formats: PDF, DOCX supported for final and editable copies
Integrations: Salesforce, Google Workspace, NetSuite connectivity
Authentication: Email+SMS, SSO, or KBA when needed

Key Timing and Update Requirements

Track distribution timing, update frequency, and response deadlines to meet regulatory and consumer-expectation standards.

Initial Distribution:

Send before or at first marketing contact, when required by contract or policy

Material Change Updates:

Update brochure immediately upon material changes to disclosures

Annual Review:

Conduct at least one compliance review every 12 months

Consumer Requests:

Acknowledge opt-out or correction requests promptly, per company SLA

Record Retention:

Retain distribution and version records according to retention schedule

Milestones from Draft to Archive

A typical lifecycle includes drafting, review, approval, distribution, and retention milestones to ensure traceability.

01

Drafting Complete

Content is finalized and fields mapped for digital completion

02

Compliance Review

Legal confirms disclosures and required consumer notices are present

03

Execution

Authorized representative signs and version is locked

04

Archival

Store signed PDF and audit trail in secure repository

Common Preparation Errors to Avoid

Using vague compensation language such as 'may receive' instead of specifying the nature and source of compensation.
Failing to capture version metadata, which makes it difficult to prove which brochure was effective at distribution time.
Omitting a clear opt-out mechanism or incorrect contact information that prevents consumers from exercising rights.
Not preserving an auditable record (signed PDF + metadata), which impedes internal and regulatory review.

Security and Compliance Features to Require

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

Audit Trail: Timestamp, IP, and action history

Certifications: SOC 2 Type II and ISO 27001

Privacy Laws: GDPR and CCPA compliance

Healthcare: HIPAA-compliant with BAA available

Regulated Records: 21 CFR Part 11 support where required

Penalties and Risks of Incomplete or Incorrect Brochures

Consumer Claims: Risk of consumer litigation and statutory penalties

Regulatory Fines: Enforcement actions for deceptive statements

Contract Breach: Potential indemnities under partner agreements

Data Violations: Fines for mishandling personal data

Tax Consequences: Backup withholding if required info missing

Audit Failures: Loss of certification or license in some sectors

Real-World Examples of Brochure Use

The following case summaries show how organizations use a disclosure brochure to standardize messaging and preserve evidence of compliance.

Optica Ventures (Marketing Team)

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

Adopted a standard brochure for all partner promotions.
Using a consistent disclosure reduced consumer questions and centralized recordkeeping so audits are resolved faster and with clearer evidence.

Martin Properties (Brokerage)

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

Migrated property marketing disclosures to an electronic brochure workflow.
The firm maintained signed copies, version history, and distribution logs to support regulatory reviews and consumer inquiries without office visits.

Practical Tips for Accurate and Efficient Completion

Adopt standard templates, strong version control, and digital workflows to reduce errors and improve auditability.

Use a Standard Template

Create a company-approved template with required fields locked to ensure consistent disclosures and simplify legal review.

Enable Conditional Logic

Show or hide sections based on answers to avoid irrelevant or contradictory disclosures appearing to recipients.

Preserve Audit Trails

Retain signed PDFs with metadata, timestamps, and IP data to support dispute resolution and regulatory inquiries.

Schedule Regular Reviews

Review language annually or after material changes to business, law, or compensation arrangements to ensure current accuracy.

eSignature Vendor Comparison — Pricing and Core Features

Common eSignature plan features and starting prices for organizations choosing an eDelivery platform to manage brochures and related documents.

	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

Frequently Asked Questions and Troubleshooting

Answers to common questions about preparing, signing, and storing a Marketing Disclosure Brochure.

Need help? Contact support

Can this brochure be electronically signed?
Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided intent, consent, attribution, and retention requirements are met.
When is a written consumer disclosure required?
Consumer-facing electronic records that replace a paper record require the ESIGN consumer disclosure and affirmative consent process per 15 U.S.C. §7001(c).
Do I need notarization or witnesses?
Marketing Disclosure Brochures generally do not require notarization or witnesses. If the brochure is attached to a document that requires notarization, follow the specific notarization rules for that document and state.
What if information changes after distribution?
Issue a revised brochure with a new effective date and version number and notify prior recipients as required by contract or applicable regulation.
How long should I retain signed brochures?
Retain signed brochures and audit logs at least three years for general records; retain longer if industry rules apply (e.g., HIPAA six years, SEC six years).
Which fields cause the most problems?
Common issues include mismatched legal names, missing effective dates, unclear compensation language, and omitted contact info—each can impede enforcement or trigger regulatory scrutiny.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now