Is an electronic signature enforceable?

Yes; electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. §7001) and state UETA laws when the transaction meets intent, consent, attribution and retention requirements.

Do consumers need a separate disclosure?

For consumer-facing electronic records, the ESIGN Act requires a clear consumer consent disclosure, proof the consumer can access the record electronically, and a method to withdraw consent.

When is notarization required?

Notarization depends on the document and state. If notarization is required by law or you want a higher-assurance record, use a qualified notary or RON services where permitted.

How should I store signed agreements?

Store signed PDFs with embedded audit trails and maintain access controls; retain records according to IRS, HIPAA, or industry standards as applicable.

What if a signer lacks authority?

If a signer lacked authority, the agreement may be voidable; confirm corporate signatory authority in the signature block or by attaching an authorization certificate.

Which features support high-assurance signing?

Look for advanced authentication, audit trails, encrypted storage, SOC 2/ISO certifications, and optional 21 CFR Part 11 controls for regulated records.

Electronic Signature
Templates
Marketing
Marketing Distance Selling Agreement

Marketing Distance Selling Agreement

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

MARKETING DISTANCE SELLING AGREEMENT

Parties

This Marketing Distance Selling Agreement is entered into as of (Effective Date) between:

Brand / Client: Address for Notices: Primary Contact: Agency / Creator: Address for Notices: Primary Contact:

Recitals and Purpose

The parties desire to engage in a marketing and distance selling campaign in which the Agency will provide marketing services and/or create marketing materials offering goods or services remotely to consumers on behalf of the Brand. This Agreement sets out the parties' respective rights and obligations in connection with that activity.

Definitions

"Campaign" means the marketing program described in the Scope of Services. "Deliverables" means the content, assets and services to be delivered by the Agency under this Agreement. "Distance Selling" means offers, sales or marketing made to consumers at a distance where the consumer does not meet the Brand or Agency in person prior to conclusion of the transaction.

Scope of Services and Campaign Details

Campaign Name: Objectives: Target Audience: Channels / Platforms:

Deliverables, Schedule, and Acceptance

The Agency will produce the Deliverables described below. Each Deliverable will include delivery dates and acceptance criteria. The Brand shall review submitted Deliverables and provide acceptance or reasonably detailed rejection within the stated acceptance period.

Itemized Deliverables (include format, quantity, and milestone dates): Delivery and Acceptance Timeline:

Compensation and Payment

Total Fee: Deposit / Advance: Payment Schedule and Terms: Payment Method: Late Payment:

Distance Selling Consumer Information and Refunds

When the Campaign involves offers or sales to consumers at a distance, the Brand shall ensure that required pre-contract information, confirmation of the contract and consumer cancellation and refund rights are provided in plain and intelligible form prior to purchase.

Cooling-off period (days): Consumer Cancellation and Refund Procedure: Who bears refunds and returns cost:

Usage Rights, License and Intellectual Property

The parties agree the following concerning ownership and license of materials produced for the Campaign.

Ownership of Pre-existing IP: License Grant from Agency to Brand (scope, territory, duration): Territory: Duration of License: Exclusive Rights:

The Brand requires exclusivity in the agreed channels for the duration specified above.

FTC Disclosure Compliance

All promotional content produced by the Agency that is subject to endorsements, sponsored placements or material connections shall include clear and conspicuous disclosure to consumers in compliance with applicable advertising, consumer protection and disclosure requirements.

Agency and Creator acknowledge and warrant compliance with disclosure rules:

Agency and Creator will include required disclosure language and conspicuous labeling of sponsored content or promotions.

Standard Disclosure Text to be used (if any):

Confidentiality and Data Protection

Personal Data Processing:

Representations, Warranties and Indemnities

Each party represents and warrants that it has full power and authority to enter into this Agreement. The Agency warrants that Deliverables will not infringe third party intellectual property rights and will comply with applicable law. Each party agrees to indemnify the other for breaches of this Agreement, subject to the limitations set forth below.

Indemnification Details / Limitations:

Limitation of Liability

Except for each party's indemnification obligations, wilful misconduct or gross negligence, neither party will be liable for indirect, incidental or consequential damages. The parties' aggregate liability arising from or related to this Agreement will not exceed:

Termination

This Agreement may be terminated for convenience by either party on prior written notice, and immediately by either party for material breach subject to any cure period stated below.

Notice Period for Termination for Convenience (days): Kill Fee or Cancellation Fee: Effect of Termination (payment, delivery of materials, license continuation):

Force Majeure

Neither party will be liable for delays or failures to perform caused by events beyond its reasonable control, provided the affected party notifies the other and uses reasonable efforts to resume performance.

Notices

All notices required under this Agreement must be in writing and delivered to the addresses listed in the Parties section or to such other address as a party designates in writing.

Brand Notices Address: Agency Notices Address:

Governing Law and Dispute Resolution

Governing Law: Dispute Resolution (mediation/arbitration/court):

Miscellaneous

Brand / Client:

By:

Date:

Agency / Creator:

By:

Date:

Overview of the Marketing Distance Selling Agreement

A Marketing Distance Selling Agreement is a written contract that sets the terms for marketing services or products sold, promoted, or delivered without in-person negotiation, typically via phone, email, web portal, or other remote channels. It defines the parties, scope of marketing services, fees and payment terms, deliverables, timelines, data handling, consumer disclosures, cancellation rights and any warranties or limitations of liability. For consumer-facing transactions this document should also address required electronic-consent language and retention of electronic records to comply with federal e-signature frameworks such as the ESIGN Act and applicable state UETA laws.

Why a Clear Distance Selling Agreement Matters

A concise Marketing Distance Selling Agreement reduces ambiguity about deliverables, clarifies pricing and refund policies, and documents consumer consent for electronic transactions. It creates an auditable record of mutual expectations and helps protect both marketers and buyers from disputes related to scope, timing, or cancellation.

Who Typically Prepares and Signs This Agreement

Tailor parties and authority clauses so the person signing has corporate authority; require electronic consent where consumer protections apply.

Small agencies and freelancers who sell remote services and need documented scope and payment terms.
E-commerce and subscription businesses that include marketing add-ons or lead-generation services sold online.
Enterprises and in-house marketing teams contracting third-party vendors for remote campaign work.

Essential Elements to Include in the Agreement

A professional Marketing Distance Selling Agreement contains clauses that cover scope, pricing, timelines, data handling, consumer rights, and dispute resolution. The following components are commonly expected.

Parties

Full legal names and entity types for each party, including registered business addresses and contact information for notices.

Scope

A clear description of marketing services, deliverables, deliverable formats, milestones, acceptance criteria, and any excluded work.

Fees & Payment

Pricing model, payment schedule, late fees, taxes, and any deposit or milestone payment terms.

Consumer Rights

Cancellation, refunds, and any statutory consumer disclosures required for remote sales or subscriptions.

Data & Privacy

How customer and prospect data will be collected, stored, processed, and shared; mention any HIPAA, FERPA, or industry requirements if applicable.

Legal Terms

Governing law, dispute resolution, limitation of liability, indemnities, assignment, and signature blocks.

Step-by-Step: How to Complete the Agreement

Follow these steps in order to assemble, review, and finalize the Marketing Distance Selling Agreement.

01

Draft: Prepare a version with full scope, fees, and data terms.
02

Review: Legal and finance review for consumer disclosures and tax implications.
03

Send for Signature: Deliver via secure eSignature platform or email with clear instructions.
04

Archive: Store the fully executed agreement and audit trail in a secure repository.

Configuring an Online Signing Workflow

Common workflow settings ensure accurate routing, proper authentication, and retention of the signed record.

Field	Configuration
Signing Order	Set sequential or parallel routing depending on approval requirements
Authentication Method	Choose email link, SMS code, or KBA for higher-assurance signers
Required Fields	Mark signature, date, and key data fields as required to prevent incomplete submissions
Certificate Retention	Enable audit trail and export signed PDF with certificate

Where to Send or File the Executed Agreement

After execution, route copies to internal teams and external parties and store the signed record where it will be accessible for compliance and audits.

Client Copy: Send executed PDF and audit trail to the client contact email
Finance: Deliver invoice and signed agreement to accounts payable
Legal: Store a copy in the legal contract repository for oversight
Archive: Save the signed file in secure cloud storage with access controls

Digital Signing and Distribution Considerations

Verify platform compliance for your industry (HIPAA, PCI, 21 CFR Part 11) and ensure signed records are retrievable for audits.

File Formats: PDF and DOCX supported
Integrations: Salesforce, NetSuite, Google Workspace
Authentication: Email, SMS, or advanced options

Key Timelines, Deadlines, and Processing Expectations

Understand the timing for performance, consumer cancellation rights, invoicing, and statutory retention to avoid disputes.

Performance Milestones:

List delivery dates and acceptance windows for each campaign phase

Invoicing Schedule:

Specify when invoices are issued and payment due dates

Cancellation Notice:

State any contractual or statutory cancellation window

Recordkeeping:

Retain signed records according to regulatory requirements

Dispute Period:

Define time limits for raising material disputes

Common Preparation and Execution Mistakes

Unclear scope statements that omit deliverable formats and acceptance criteria, leading to disputes over what constitutes completion.
Missing consumer disclosure or consent language when required for electronic transactions, which can affect enforceability in consumer matters.
Incorrect signatory authority where an unauthorized employee signs on behalf of a company, potentially voiding the contract.
Poor record retention practices that delete audit trails or electronic certificates, undermining evidence of execution in disputes.

Penalties and Legal Risks of Incorrect Agreements

Contract Disputes: Delayed projects and litigation costs

Regulatory Fines: Fines for privacy rule violations

Payment Withholding: Clients may withhold payment for unclear scope

Refund Liability: Obligation to refund under consumer rules

Tax Exposure: Incorrect invoicing or reporting

Invalid Signature: Missing consent may render signature unenforceable

Examples: How Organizations Use This Agreement

These brief examples show practical applications and the measurable outcomes organizations reported after using a formal Marketing Distance Selling Agreement.

Optica Ventures / Agency

A small marketing firm standardized remote-retainer terms to reduce scope disputes and accelerate onboarding.

Streamlined scope and payment schedules.
The firm reported fewer client disputes and faster payment cycles after standardizing language and using an auditable e-signature workflow.

Martin Properties / Real Estate

A property manager used a distance-marketing addendum for tenant acquisition campaigns.

Added consumer disclosure and refund terms.
This reduced tenant complaints and ensured consistent recordkeeping for advertising claims and promotional credits.

Practical Tips for Accurate and Efficient Completion

Adopt these practices to reduce errors, shorten turnaround, and maintain compliance when executing distance-selling marketing contracts.

Use Clear, Measurable Scope

Define deliverables, metrics, and acceptance criteria in plain language so both parties have the same expectations and disputes are minimized.

Require Authoritative Signers

Confirm signatory authority with a short certificate or internal approval; avoid accepting signatures from unauthorized employees.

Include Data and Privacy Terms

Spell out data use, retention, and third-party sharing; add a HIPAA BAA when handling protected health information.

Preserve Audit Trails

Retain signed PDFs with certificates, timestamps, and IP logs to support enforceability and audit requests.

Security and Compliance Checklist for Signed Records

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

ESIGN/UETA: Compliant with federal/state e-signature laws

HIPAA: BAA required for protected health information

21 CFR Part 11: Controls available for FDA-regulated records

SOC 2 / ISO: SOC 2 Type II and ISO 27001 certifications

Accessibility: WCAG 2.0 Level AA support

eSignature Pricing Comparison for Executing This Agreement

Platform selection affects cost, scale, and compliance. The table compares common plan-level characteristics across leading vendors with signNow listed first.

	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 plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions About This Agreement

Answers to common questions about enforceability, e-signatures, notarization, and recordkeeping for Marketing Distance Selling Agreements.

Need help? Contact support

Is an electronic signature enforceable?
Yes; electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. §7001) and state UETA laws when the transaction meets intent, consent, attribution and retention requirements.
Do consumers need a separate disclosure?
For consumer-facing electronic records, the ESIGN Act requires a clear consumer consent disclosure, proof the consumer can access the record electronically, and a method to withdraw consent.
When is notarization required?
Notarization depends on the document and state. If notarization is required by law or you want a higher-assurance record, use a qualified notary or RON services where permitted.
How should I store signed agreements?
Store signed PDFs with embedded audit trails and maintain access controls; retain records according to IRS, HIPAA, or industry standards as applicable.
What if a signer lacks authority?
If a signer lacked authority, the agreement may be voidable; confirm corporate signatory authority in the signature block or by attaching an authorization certificate.
Which features support high-assurance signing?
Look for advanced authentication, audit trails, encrypted storage, SOC 2/ISO certifications, and optional 21 CFR Part 11 controls for regulated records.

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