Can this agreement be signed electronically?

Yes. Under the federal ESIGN Act (15 U.S.C. §7001) and UETA in most states, electronic signatures are generally enforceable if intent, consent, attribution, and record retention are present.

Are notarization or witnesses required?

Not typically for commercial marketing fees. State rules vary; notarization is only required where an acknowledged signature or specific statutory form triggers it.

What if a party needs to change terms after signing?

Amendments require mutual written agreement. Use an addendum signed by all parties; retain the original with the executed amendment for audit purposes.

How do I revoke or cancel the agreement?

Follow termination provisions in the contract. If no clause exists, revoke by mutual written consent or pursue notice and remedies in the agreement.

What happens if the payee lacks a correct TIN?

Missing or incorrect taxpayer identification can trigger backup withholding at 24% and complicate 1099 reporting; obtain a valid W-9 before payments.

Where should executed agreements be stored?

Store signed copies in a secure records system with access controls, audit trails, and backups; retain per retention policy and applicable federal or state rules.

Electronic Signature
Templates
Marketing
Marketing Fee Agreement

Marketing Fee Agreement

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

MARKETING FEE AGREEMENT

This Marketing Fee Agreement ("Agreement") is entered into as of , by and between:

Brand / Client Name: Client Entity Type:

Corporation Limited Liability Company Individual

Client Address: Client Contact (Name / Email / Phone): Agency / Creator Name: Agency Entity Type:

Corporation Limited Liability Company Individual

Agency Address: Agency Contact (Name / Email / Phone):

Recitals

The Client desires to engage the Agency to provide marketing and creative services for the Campaign described below, and the Agency agrees to provide such services under the terms and conditions set forth in this Agreement.

Campaign Description & Scope

Campaign Name: Primary Objectives: Target Audience:

Channels (check all that apply): Social Search Email Video Other

Deliverables

The Agency will deliver the following items in the formats and quantities specified. Delivery dates are firm unless otherwise agreed in writing.

Deliverable 1 — Description: Format / Specs: Quantity:

Due Date:

Deliverable 2 — Description: Format / Specs: Quantity:

Due Date:

Additional Deliverables (if any):

Compensation & Payment

Client shall pay Agency the fees set forth below in consideration for the Deliverables.

Total Fee (USD): Deposit / Advance: Payment Schedule / Milestones: Reimbursable Expenses:

Expenses reimbursable by Client subject to prior written approval

Invoicing & Payment Terms:

Usage Rights & Intellectual Property

Subject to full payment of fees and expenses, Agency grants Client a non-exclusive, worldwide license to use the final Deliverables for the Permitted Uses specified below unless the parties expressly agree otherwise in writing.

Permitted Uses / License Scope: Territory:

License Duration: through

Ownership of pre-existing intellectual property remains with the originating party. Where the parties agree that specific Deliverables are works made for hire, Agency acknowledges assignment of rights as set forth in the attached schedule or paragraph.

IP Ownership Election (check one):

Deliverables are Work Made For Hire and Client owns all rights
Agency retains copyright and grants Client a license as set above

FTC Disclosure Compliance

Both parties shall comply with applicable advertising and endorsement laws and rules concerning disclosure of material connections and sponsorships. Agency will include clear, conspicuous disclosures in sponsored content where required by law or regulation.

Agency and Client acknowledge and agree to comply with disclosure requirements for paid or sponsored content.

Exclusivity

Exclusive engagement: Client requires Agency to be the exclusive provider for the Campaign during the Term.

Exclusivity Scope / Exceptions:

Term & Termination

This Agreement commences on the Effective Date and continues for the period set forth below unless earlier terminated pursuant to this Section.

Initial Term (months): Termination Notice:

Either party may terminate for material breach if the breaching party fails to cure within the notice period. Client's termination without cause within the Term shall be subject to the kill fee set forth below.

Kill Fee (if applicable):

Confidentiality

Each party shall maintain in confidence Confidential Information of the other party and shall not disclose such information except as permitted in this Agreement. Confidential Information excludes information that is publicly known or becomes known other than by breach.

Confidential Information — Description / Limits:

Representations; Indemnification; Limitation of Liability

Each party represents it has the authority to enter this Agreement. Agency represents that Deliverables will not infringe third-party rights. Each party shall indemnify the other against losses arising from its breach, willful misconduct, or negligent acts. Except for breaches of confidentiality and indemnity obligations, neither party's aggregate liability shall exceed the total fees paid under this Agreement.

Governing Law & Dispute Resolution

This Agreement will be governed by the laws of the state indicated below, without regard to conflict of laws principles. The parties agree to attempt good faith mediation prior to instituting litigation.

Governing State: Dispute Resolution Details:

Notices

All notices required under this Agreement must be given in writing and delivered to the contact information set forth below.

Client Notice Email: Agency Notice Email:

Miscellaneous

This Agreement constitutes the entire agreement between the parties and supersedes prior oral or written agreements related to its subject matter. Neither party may assign its rights without prior written consent, except to an affiliate or in connection with a sale of substantially all assets.

Assignment allowed to affiliates or purchaser with prior notice.

Brand / Client:

By:

Date:

Agency / Creator:

By:

Date:

What a Marketing Fee Agreement Is and when it’s used

A Marketing Fee Agreement is a written contract between a service provider and a client that defines payment for marketing services, fee structures, deliverables, reporting, and performance metrics. It sets the timeline, invoicing and reconciliation processes, ownership of creative work, and remedies for nonperformance. Use this agreement to document retained marketing services, campaign-based fees, revenue-share arrangements, or referral/affiliate fee splits to reduce disputes and clarify tax and recordkeeping responsibilities.

Why a clear Marketing Fee Agreement matters

A clear agreement reduces billing disputes, documents tax reporting responsibilities, and protects intellectual property and payment rights. It also allocates risk, creates measurable deliverables, and makes enforcement easier if a party fails to perform or pay.

Who typically completes and signs this agreement

Organizations and individuals use Marketing Fee Agreements where recurring or project-based marketing work requires clear payment terms, scope, and reporting obligations.

Marketing agencies and consultants providing ongoing services or campaigns, requiring regular invoicing and performance reporting.
In-house marketing teams contracting freelancers or outside media buyers for campaigns and ad spend management.
Publishers, affiliates, or partners in referral arrangements that require revenue-share or commission tracking.

Properly completed agreements help accounting, tax reporting (1099 obligations), and legal compliance for both payer and payee.

Core sections to include in a professional agreement

A complete Marketing Fee Agreement separates responsibilities, payment mechanics, reporting, IP ownership, term and termination, and remedies so each party’s obligations are clear and enforceable.

Parties

Identify full legal names and entity types for all signers, with addresses and contact details to ensure correct attribution and tax reporting.

Scope

Describe services, campaign milestones, deliverables, and performance metrics to limit ambiguity about what work is included and what is extra.

Fee Schedule

Specify fixed fees, retainers, hourly rates, revenue share percentages, or performance bonuses and how fees are calculated and adjusted.

Payment Terms

Define invoice timing, due dates, late interest, reimbursement of ad spend, and currency to standardize cash flow expectations.

Reporting & Audit

Set required reports, frequency, allowed supporting documents, and audit rights to verify fees tied to performance or revenue.

Termination

State grounds for termination, notice periods, post-termination accounting, and remedies including indemnities and dispute resolution.

Step-by-step: filling and executing a Marketing Fee Agreement

Follow a consistent sequence to reduce errors: prepare, review, sign, distribute, and archive the executed agreement.

01

Prepare: Draft scope and fees; attach exhibits.
02

Review: Legal and finance check terms and tax language.
03

Execute: Sign electronically or in ink with required authentication.
04

Archive: Store signed copy and audit trail for retention period.

Configure an online signing workflow

Set up fields, signer order, authentication, and notifications so the agreement routes correctly and captures an audit trail during eSigning.

Field	Configuration
Signature Field	Required for primary signers; set date auto-fill.
Initials Field	Optional for each page; use for version control.
Signer Order	Sequence signers to control execution timing.
Authentication	Email or SMS code; use stronger methods for high-value deals.

Where to send or file the executed agreement

After execution route copies to internal finance, legal, and client contacts and retain an archival copy in your document system.

Client Delivery: Email signed PDF to client and primary contact.
Accounting: Send invoice and signed agreement to AP for payment.
Legal File: Store final executed copy in legal repository.
Archive: Save in secure records system with audit trail.

Digital signing requirements and supported formats

Choose a platform that supports PDF and DOCX files, audit trails, and appropriate signer authentication.

File Formats: PDF, DOCX, and HTML supported.
Integrations: Salesforce, NetSuite, Google Workspace, Box.
Authentication: Email, SMS code, or advanced methods.

Key deadlines and payment timing to include

Document standard payment and reporting deadlines clearly to avoid disputes and tax reporting issues.

Invoice Submission:

Specify days after service, e.g., within 30 days of delivery.

Payment Due:

State net terms, for example Net 30 or Net 45 from invoice date.

Late Fees:

Define interest or fixed penalties for overdue payments.

Tax Reporting:

Collect W-9; 1099-NEC due to recipients and IRS by Jan 31.

Record Retention:

Keep invoices and reconciliations per retention policy.

Typical processing milestones for a campaign agreement

A milestone timeline clarifies when fees are earned and when reconciliations occur across the campaign lifecycle.

01

Negotiation Complete

Scope and fees finalized between parties.

02

Agreement Execution

Signing completes legal formation of the contract.

03

Campaign Launch

Work begins and performance measurement starts.

04

Final Reconciliation

Close-out accounting and any performance adjustments.

Common mistakes to avoid when preparing this agreement

Vague scope descriptions that leave critical tasks undefined and create grounds for disputes or scope creep.
Missing fee calculation examples, especially for percentage-based or revenue-share arrangements that require reconciling gross vs net revenue.
Failing to collect a W-9 or correct taxpayer identification, risking backup withholding or incorrect 1099 reporting.
Not specifying how advertising spend is approved or reimbursed, which often causes reimbursement disputes.

Risks and potential penalties from incorrect or incomplete agreements

Breach Damages: Financial liability may follow if duties are unclear.

Tax Withholding: Missing TINs can trigger 24% backup withholding per IRS rules.

Audit Exposure: Poor recordkeeping increases risk during tax or compliance audits.

Unenforceable Fees: Ambiguous fee terms can be voided by courts.

Late Payment Costs: Accrued interest and collection expenses may apply.

Data Privacy Risk: Noncompliance with HIPAA or state privacy laws can incur penalties.

Security, compliance, and minimum data controls

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

Audit Trail: Timestamp, IP, action log required

HIPAA BAA: Execute BAA if PHI is present

Access Controls: Role-based access and MFA recommended

Retention Policy: Defined storage with tamper-evident logs

Authentication: Email, SMS, or stronger options

Pricing and feature snapshot for eSignature options relevant to this agreement

Compare starting price, trial availability, bulk send, audit trail, HIPAA support, and envelope limits when selecting an eSignature provider for 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 credit card	Varies by promotion	Varies by promotion	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

Common questions about executing and enforcing a Marketing Fee Agreement

Answers to frequent user questions on electronic signatures, witnesses, amendments, revocation, and storage for Marketing Fee Agreements.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Under the federal ESIGN Act (15 U.S.C. §7001) and UETA in most states, electronic signatures are generally enforceable if intent, consent, attribution, and record retention are present.
Are notarization or witnesses required?
Not typically for commercial marketing fees. State rules vary; notarization is only required where an acknowledged signature or specific statutory form triggers it.
What if a party needs to change terms after signing?
Amendments require mutual written agreement. Use an addendum signed by all parties; retain the original with the executed amendment for audit purposes.
How do I revoke or cancel the agreement?
Follow termination provisions in the contract. If no clause exists, revoke by mutual written consent or pursue notice and remedies in the agreement.
What happens if the payee lacks a correct TIN?
Missing or incorrect taxpayer identification can trigger backup withholding at 24% and complicate 1099 reporting; obtain a valid W-9 before payments.
Where should executed agreements be stored?
Store signed copies in a secure records system with access controls, audit trails, and backups; retain per retention policy and applicable federal or state rules.

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