Is an electronic signature legally enforceable?

Yes. Electronic signatures are legally valid in the United States under the ESIGN Act (15 U.S.C. §7001) and in most states under UETA. Certain limited exceptions exist for wills, court orders, and other categories.

Do consumer-facing guarantees require special disclosure?

Consumer-facing agreements may require clear ESIGN consumer disclosures and a method to consent to electronic records under 15 U.S.C. §7001(c), especially for financial or healthcare contexts.

When is notarization or RON needed?

Notarization is rarely required for marketing contracts, but if a document requires notarization check state rules; Remote Online Notarization (RON) availability and requirements vary by state.

What are good authentication practices?

Use email verification with optional SMS or KBA for higher-risk agreements. Maintain an audit trail showing timestamp, IP, and signer identity to support attribution and intent.

Can the guarantee include refunds or credits?

Yes; specify calculation method, timing, caps, and whether credits offset future invoices. Clarity prevents later disputes over remedy amounts.

Which signNow plan supports high-volume signature usage?

signNow offers a Site License option priced by signature invite ($1.50/signature invite) for high-volume use; Business and Enterprise tiers add bulk send and advanced integrations.

Electronic Signature
Templates
Marketing
Marketing Guarantee Proposal

Marketing Guarantee Proposal

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

MARKETING GUARANTEE PROPOSAL

This Marketing Guarantee Proposal (the Proposal) is entered into by and between Client Name: and Agency Name: . The parties agree that this Proposal describes the campaign scope, performance guarantee, payment terms, and legal provisions under which the Agency will provide the services described herein.

Campaign Overview

Campaign Name Primary Objectives Target Audience Channels

Campaign Start Date: Campaign End Date:

Deliverables

The Agency will deliver the items described below according to the deadlines stated. Each deliverable will include the format, quantity, and acceptance criteria.

Deliverable 1 — Description & Format

Due Date: Quantity/Assets:

Deliverable 2 — Description & Format

Due Date: Quantity/Assets:

Compensation & Payment

Total Fee: $ Currency:

Payment Schedule

Deposit Amount: $ Balance Due (days after invoice):

Guarantee Terms

Guaranteed Performance Metrics: The Agency guarantees that the campaign will produce the following minimum metrics measured by the agreed measurement method during the Measurement Period. If the Agency fails to achieve the Guaranteed Metrics, the remedies set forth below shall apply.

Guaranteed Metrics (KPI)

Measurement Period: Measurement Method:

Remedy if Guaranteed Metrics Not Met

Measurement & Reporting

Reporting Frequency: Report Format:

Tracking & Attribution

FTC Disclosure Compliance

Both parties acknowledge and agree that all paid endorsements, sponsored content, and native advertising must include clear and conspicuous disclosure of the commercial relationship in accordance with applicable endorsement and advertising disclosure law and guidance. The Agency will provide proposed disclosure language when delivering content. The Client shall approve disclosure language prior to publication and is responsible for final placement on Client-owned channels.

The undersigned parties acknowledge that they will comply with disclosure requirements and will not publish content without required disclosures.

Exclusivity

The Client requires exclusivity for the following product/service categories and channels for the Term identified below.

Scope of Exclusivity (if selected)

Term & Termination

This Proposal commences on the Campaign Start Date and continues until the Campaign End Date unless earlier terminated in accordance with this section. Either party may terminate for convenience upon written notice of days. Termination for cause may occur upon material breach if the breaching party fails to cure within days after written notice.

Kill Fee upon termination by Client without cause: $ or of unearned fees, whichever is greater.

Intellectual Property

Unless otherwise agreed in writing, the Client shall own final deliverables paid in full. The Agency retains the right to use pre-existing materials and agency tools and grants the Client a perpetual license to final deliverables for the approved uses specified in this Proposal. Any transfer of moral rights or assignment must be explicitly stated and agreed in writing.

IP Exceptions / Third-Party Materials

Confidentiality

Each party shall keep confidential non-public business information disclosed in connection with this Proposal and shall not use such information except to perform its obligations. Confidentiality obligations survive termination for a period of three (3) years unless otherwise agreed.

Indemnification & Limitation of Liability

Each party indemnifies the other for losses arising from third-party claims resulting from its breach, gross negligence, or willful misconduct. Except for indemnity for intellectual property infringement and gross negligence or willful misconduct, the aggregate liability of the Agency for any claim arising from this Proposal will not exceed the Total Fee actually paid by the Client under this Proposal.

Governing Law

This Proposal is governed by the laws of: without regard to conflict of laws principles. Venue for disputes will be the state or federal courts located in the chosen jurisdiction unless otherwise agreed in writing.

Acceptance

By signing below, the parties acknowledge that they have authority to bind their respective organizations, have read and accept the terms of this Proposal, and agree that the Proposal and attachments constitute the entire agreement for the services described unless superseded by a mutually executed Master Services Agreement.

Client / Brand:

By:

Date:

Agency / Creator:

By:

Date:

What a Marketing Guarantee Proposal Is and When It Applies

A Marketing Guarantee Proposal is a written agreement that defines a marketing provider's commitments, measurable outcomes, timelines, and remedies if stated performance targets are not met. It typically combines a scope of work, performance metrics (for example leads, conversions, or revenue), payment terms tied to milestones or outcomes, and a description of any guarantees, refunds, or credits. The document clarifies responsibilities, reporting cadence, and dispute-resolution methods so both parties understand how success is measured and what remedies are available when results fall short.

Why a Clear Guarantee Clause Matters

A well-drafted guarantee clause reduces ambiguity about deliverables and aligns incentives between client and provider. It sets measurable targets, limits liability, and defines remediation steps, which can reduce disputes and speed decision-making while preserving legal enforceability under U.S. electronic signature laws.

Typical Parties and Use Cases

Marketing Guarantee Proposals are used by agencies, in-house marketing teams, and procurement or legal teams that need contractual certainty tied to campaign performance.

Marketing agencies seeking to offer performance-based pricing or risk-sharing arrangements with clients.
Clients and procurement teams requiring objective measurement and defined remedies for underperformance.
Legal and finance reviewers who validate liability limits, indemnities, and payment holdbacks.

These proposals help translate marketing objectives into measurable contract terms so both sides can agree upfront on success criteria and corrective steps.

Core Components to Include in the Proposal

A professional Marketing Guarantee Proposal should combine commercial terms and operational detail so expectations are concrete and enforceable.

Scope of Work

Describe deliverables, channels, campaign components, and exclusions. Be specific about which activities are included and which are out of scope to avoid disputes.

Performance Metrics

Define measurable KPIs (for example leads, conversion rate, CPA, MQLs) and the exact formulas or attribution window used to calculate achievement.

Guarantee Terms

Spell out what the guarantee covers (refund, credit, additional services), thresholds for triggering remediation, and any caps on remedies or liability.

Timing & Reporting

Set campaign start and end dates, reporting cadence, data sources, and the format for performance reports used to validate results.

Payment Structure

Detail fees, milestone payments, success fees, retainers, and how guarantee-related adjustments affect invoicing and net payments.

Legal & Governance

Include choice of law, limits of liability, confidentiality, dispute resolution, termination rights, and signatures for authorized representatives.

How to Complete the Proposal — Step by Step

Follow these steps to prepare and finalize a clear, enforceable Marketing Guarantee Proposal.

01

Draft Scope: Define services, channels, and exclusions in plain language.
02

Set Metrics: Agree on KPIs, attribution method, and measurement window with the client.
03

Define Remedies: Choose remedy types, caps, and any cure periods before acceptance.
04

Sign and Record: Execute with authorized signatures and retain an auditable copy.

Customizing and Managing the Proposal Online

Use an eSignature workflow to assign fields, require attachments, and automate reminders for signers and reviewers.

Field	Configuration
Signature Block	Require name, title, email, and date for each signer
Performance Attachments	Attach baseline analytics and measurement templates for validation
Conditional Fields	Show remedy fields only if KPI section indicates a guarantee
Reminder Rules	Auto-send reminders at configurable intervals until signed

Where to Send and How to Submit the Signed Proposal

Decide the final delivery path in advance so all parties receive the executed agreement and audit record.

Client Legal Department: Send executed copy to legal for contract repository and retention
Finance / Accounts Payable: Provide final invoice and signed agreement to trigger payment processing
Project Owner: Share the executed SOW and measurement plan with campaign owners
Document Archive: Store final PDF and audit trail in the contract management system

Digital Signing, eSubmission, and Integration Considerations

Choose a signing platform that supports audit trails, secure storage, and integrations with your contract repository.

Format Support: PDF, DOCX, HTML
Integrations: Salesforce, NetSuite, Google Workspace
Authentication: Email, SMS, KBA

Ensure your platform can produce a tamper-evident PDF with a detailed audit trail and that it meets any industry compliance needs for record retention and access control.

Key Dates and Typical Deadlines to Include

Include explicit dates and deadlines to measure performance and to trigger remedies or payment adjustments.

Proposal Expiration:

Date by which the client must accept or request changes

Campaign Start Date:

Day when active measurement begins

Measurement Window:

Length of time used to evaluate KPIs (for example 30 or 90 days)

Cure Period:

Time allowed to correct deficiencies before remedies apply

Invoice Due Date:

Payment terms and due dates tied to milestones

End-to-End Milestones from Proposal to Final Audit

A simple milestone sequence clarifies responsibilities at each stage of the campaign lifecycle.

01

Proposal Sent

Provider delivers proposal and measurement annex to client for review

02

Negotiation & Acceptance

Parties agree on KPIs, remedies, and signatories

03

Campaign Execution

Provider runs campaigns and submits periodic reports

04

Final Audit & Settlement

Validate metrics, apply any credits or refunds, and close the engagement

Common Mistakes to Avoid When Preparing the Proposal

Using vague performance language that leaves measurement open to differing interpretations and later disputes.
Failing to define attribution windows and data sources, which prevents consistent KPI calculation across parties.
Not limiting remedies or defining caps, which can create disproportionate liability for routine variance in results.
Omitting authorized signer confirmation, which risks unenforceable agreements if the signer lacks authority.

Typical Risks and Contractual Consequences

Remedy Costs: Provider may owe credits or additional services per the guarantee

Payment Adjustments: Client may withhold payments pending remediation

Reputational Risk: Public failure to meet guarantees can harm future sales

Legal Disputes: Ambiguous terms increase litigation risk and costs

Tax Implications: Credits and refunds may affect how revenue and expenses are reported

Contract Termination: Severe or repeated shortfalls can trigger termination clauses

Real-World Examples of Digital Execution

These examples illustrate how organizations use electronic signing to speed proposal acceptance and document tracking.

Optica Ventures — Brian Fitzgibbons

Optica adopted electronic signing for client agreements to reduce turnaround time and simplify signature capture.

The interface was straightforward for internal teams and clients.
The faster acceptance process helped accelerate campaign starts without additional administrative burden.

Martin Properties — Tim Martin

Martin Properties used eSign workflows to execute multiple client-facing documents remotely and securely.

Mobile and offline signing supported field work and remote approvals.
As a result, they were able to maintain compliance while reducing delays in campaign launches.

eSignature Platform Comparison for Proposal Execution

Common vendor options and typical plan features to consider when choosing an eSignature provider for Marketing Guarantee Proposals.

	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	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 enforceability, e-signing, recordkeeping, and platform choices for Marketing Guarantee Proposals.

Need help? Contact support

Is an electronic signature legally enforceable?
Yes. Electronic signatures are legally valid in the United States under the ESIGN Act (15 U.S.C. §7001) and in most states under UETA. Certain limited exceptions exist for wills, court orders, and other categories.
Do consumer-facing guarantees require special disclosure?
Consumer-facing agreements may require clear ESIGN consumer disclosures and a method to consent to electronic records under 15 U.S.C. §7001(c), especially for financial or healthcare contexts.
When is notarization or RON needed?
Notarization is rarely required for marketing contracts, but if a document requires notarization check state rules; Remote Online Notarization (RON) availability and requirements vary by state.
What are good authentication practices?
Use email verification with optional SMS or KBA for higher-risk agreements. Maintain an audit trail showing timestamp, IP, and signer identity to support attribution and intent.
Can the guarantee include refunds or credits?
Yes; specify calculation method, timing, caps, and whether credits offset future invoices. Clarity prevents later disputes over remedy amounts.
Which signNow plan supports high-volume signature usage?
signNow offers a Site License option priced by signature invite ($1.50/signature invite) for high-volume use; Business and Enterprise tiers add bulk send and advanced integrations.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now