Can this agreement be signed electronically?

Yes. Electronic signatures are legally valid under the federal ESIGN Act (15 U.S.C. §7001) and by UETA in most states. Ensure the signer demonstrates intent, consents to electronic records, attribution is provable, and records are retained.

When is a BAA required?

A Business Associate Agreement is required when the hosted service will create, receive, maintain, or transmit protected health information. Include explicit HIPAA controls and breach notification obligations in accordance with 45 CFR requirements.

What happens if a party needs to amend terms?

Include an amendment process: written notice, authorized signatory approval, effective date, and any transitional obligations. Amendments should be signed by authorized representatives to be enforceable.

Who should approve security controls?

IT/security and legal should jointly review controls; include acceptance criteria, audit rights, and certification obligations (SOC 2, ISO 27001) where applicable.

How to cancel or terminate early?

Follow termination provisions: notice period, cure windows, outstanding payment settlement, and data export or deletion processes. Define migration assistance scope and any associated fees.

Is notarization or RON required to enforce the contract?

Generally no; contracts are enforceable without notarization. Notarization or RON may be useful for specific instruments or internal policy. Verify state RON rules if notarization is desired.

Electronic Signature
Templates
Marketing
Marketing Hosted Services Agreement

Marketing Hosted Services Agreement

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

MARKETING HOSTED SERVICES AGREEMENT

Parties

This Marketing Hosted Services Agreement (the "Agreement") is made between:

Brand / Client Name: Brand / Client Address: Hosted Services Provider Name: Provider Address:

Recitals and Definitions

WHEREAS, Brand / Client desires that Provider host and manage certain marketing content, campaign assets, and/or a hosted marketing platform and perform related services; and Provider is willing to provide hosting and hosted marketing services under the terms set forth below.

Campaign & Hosted Services Overview

Campaign Name: Objectives: Target Audience / Channels:

Scope of Services

Provider will deliver hosted services and marketing services including but not limited to platform hosting, content hosting, content publishing, campaign setup, analytics reporting, content moderation, and technical maintenance as set forth below. Provider shall perform services in accordance with commercially reasonable industry standards.

Hosted Services Description (platform, hosting, backups):

Deliverables

The following deliverables will be produced and/or hosted by Provider. Each deliverable shall include the format, quantity, and delivery deadline.

Deliverable 1 - Description: Deliverable 2 - Description:

Additional deliverables, milestones, and acceptance criteria shall be documented in writing and signed by both parties as a change order.

Service Levels (SLA)

Provider shall use commercially reasonable efforts to maintain availability and performance. If uptime falls below the agreed threshold, service credits shall accrue according to the schedule below.

Guaranteed Uptime Percentage: Service Credit Formula / Remedy:

Compensation & Payment

Total Fee (USD): Deposit / Initial Payment: Payment Schedule and Milestones: Expenses: Reimbursable third-party costs?

Provider may invoice for pre-approved third-party expenses and ad spend. Provider will manage ad spend on behalf of Brand.

Late Payment Fee:

Usage Rights, IP & Exclusivity

Upon payment in full for the applicable fees and subject to the limitations in this Agreement, Provider grants Brand a license to use deliverables as specified below. Ownership, pre-existing materials, and third-party components are addressed herein.

License Grant (describe scope and limitations):

Territory: — Duration:

Exclusivity: Exclusive for specified categories or channels; Non-exclusive. If exclusive, detail scope in license grant.

FTC Disclosure & Compliance

Provider and Brand shall comply with all applicable advertising and consumer protection laws. Provider shall ensure required disclosures are clear and conspicuous on hosted content and sponsored material.

FTC/Advertising Disclosure Acknowledgment:

Provider confirms it will include required disclosure language and markings on applicable deliverables and will cooperate with Brand to review and approve disclosure text prior to publishing.

Confidentiality & Data Protection

Each party will maintain the confidentiality of the other's Confidential Information and only use it as necessary to perform obligations under this Agreement. Provider will implement commercially reasonable administrative, physical and technical safeguards for hosted data.

Data Hosting Location and Controls:

Warranties, Indemnification & Liability

Provider warrants it will perform services with reasonable care and skill. Brand warrants that materials supplied do not infringe third-party rights. Each party shall indemnify the other against third-party claims arising from breach of representations or negligence. Limitation of liability is mutually agreed and capped to fees paid under this Agreement in the preceding twelve (12) months, except for indemnities concerning intellectual property and gross negligence.

Term, Termination & Kill Fee

This Agreement commences on the Effective Date and continues until terminated in accordance with this section. Either party may terminate for material breach if the breach remains uncured after the applicable cure period. On termination without cause by Brand before completion of services, a kill fee applies as set forth below.

Effective Date: — Term Length:

Notice Period for Termination (days): Kill Fee (if Brand terminates without cause):

Change Orders & Assignment

Any modifications to scope, schedule or fees shall be made by written change order signed by authorized representatives of both parties. Neither party may assign this Agreement without the other party's prior written consent, except to an affiliate or in connection with a sale of substantially all assets.

Governing Law & Dispute Resolution

This Agreement shall be governed by the laws of the jurisdiction specified below without regard to conflict of law principles. The parties shall attempt to resolve disputes in good faith and may pursue mediation or binding arbitration as set forth herein.

Governing Law (State or Jurisdiction):

Miscellaneous

Entire Agreement: This Agreement, together with any SOWs and change orders, constitutes the entire agreement between the parties with respect to the subject matter. Severability, notices, waiver and survival provisions are applicable as customary in commercial contracts.

Additional Provisions / Notes:

Acknowledgments

By signing below, the parties certify that they have authority to enter into this Agreement and accept the terms and conditions contained herein.

Brand / Client - Printed Name:

By:

Date:

Hosted Services Provider - Printed Name:

By:

Date:

What the Marketing Hosted Services Agreement Covers

A Marketing Hosted Services Agreement is a contract between a service provider and a client that governs delivery, hosting, and ongoing maintenance of marketing assets and platforms. It defines services (campaign hosting, content management, analytics, CDN, integrations), service levels, data ownership, intellectual property rights, payment terms, confidentiality, and termination rights. The agreement also addresses security responsibilities, compliance with applicable laws, subcontracting, and change control. Clear scopes and measurable SLAs reduce disputes and create predictable operational and billing expectations for both parties.

Why you should use a written agreement for hosted marketing services

A formal agreement allocates responsibilities, documents service levels and uptime commitments, protects intellectual property and customer data, and sets remedies for outages or data incidents. It creates a clear commercial framework so both parties understand fees, change control, and liability limits.

Who commonly negotiates and signs this agreement

Several internal and external stakeholders typically participate in preparing and approving a Marketing Hosted Services Agreement.

Marketing teams and program managers who define scope and acceptance criteria for hosted campaigns.
IT and security teams responsible for data handling, access controls, and compliance requirements.
Legal and procurement professionals who negotiate terms, indemnities, and IP allocations.

Aligning these groups early reduces negotiation cycles and ensures the contract reflects operational and compliance realities.

Primary signer roles

Agency COO

Chief operating officers or authorized procurement leads sign on behalf of service providers, confirming responsibilities for hosting, backups, SLAs, and subcontractor use; they must ensure technical teams can meet documented performance metrics.

Client Legal

In-house counsel or authorized procurement officers execute on the client side, confirming acceptance criteria, IP ownership language, data processing terms, and any limitations on liability or indemnification.

Key operational and security data to include

Data Location: Primary hosting region

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

BAA: Required for PHI when applicable

Backups: Frequency and retention

Access Controls: Role-based access required

Audit Trail: Activity logging and retention

Core components to include in a professional agreement

A complete Marketing Hosted Services Agreement groups commercial, operational, security, and legal provisions so both parties know expectations across the contract lifecycle.

Scope of Services

Clear description of hosted services, feature set, deliverables, milestones, and any excluded services so responsibilities are not ambiguous.

Service Levels

Uptime targets, response and remediation timelines, service credits for missed SLAs, and measurement/monitoring procedures.

Data & IP

Ownership of content, license rights for hosted assets, data processing terms, and permitted uses of customer data.

Security & Compliance

Technical controls, incident notification timelines, applicable standards (HIPAA if PHI), and requirements for audits or certifications.

Pricing & Payment

Fee structure (recurring, usage-based, one-time), invoicing cadence, late-payment interest, and change-order pricing.

Termination & Migration

Termination for convenience/cause, data export and migration assistance, and retention or deletion obligations after contract end.

Step-by-step: complete and execute this agreement

Follow these sequential steps to prepare, review, and sign the Marketing Hosted Services Agreement with minimal friction.

01

Draft scope: List services, deliverables, and exclusions clearly.
02

Security review: Obtain IT sign-off on controls and data handling.
03

Legal review: Confirm IP, indemnities, and termination language.
04

Execute: Collect signatures and distribute final countersigned copies.

How to set up an online signing workflow

Configure a repeatable digital workflow that enforces authentication, routing, and archival for each executed agreement.

Field	Configuration
Authentication	Email link or SMS code; consider 2FA for stronger identity
Signature Type	ESIGN-compliant electronic signature with audit trail
Template	Create reusable template with locked terms and fillable fields
Storage	Encrypted archival with access logs

Where to send the executed agreement and copies

Establish distribution rules so legal, finance, and operations receive executed copies automatically.

Client Legal: Primary executed copy for contract management and dispute reference.
Finance: Invoice and payment schedule for accounts payable records.
Technical Operations: Onboarding and provisioning team to begin migration tasks.
Archive: Encrypted long-term storage with retention tagging.

Technical delivery and integration considerations

Confirm required integrations, file formats, and storage options before signing to avoid implementation delays.

Integrations: Salesforce, NetSuite, Google Workspace supported
File Formats: PDF, DOCX, and HTML accepted
API: REST API and SSO available on enterprise tiers

Validate these technical capabilities with engineering and procurement to align expectations and rollout plans.

Key deadlines and notice periods to include

Specify concrete deadlines for reviews, renewals, payments, and incident notifications to preserve rights and remedies.

Review Period:

30 calendar days for scope and acceptance reviews

Initial Term:

Commonly 12 months with renewal options

Renewal Notice:

60 to 90 days prior written notice typical

Payment Due:

Net 30 from invoice date unless agreed otherwise

Security Incident Notice:

Notify within 72 hours of discovery for data breaches

Project milestones from signature to steady state

Track milestones to coordinate onboarding, migration, and regular reporting after contract execution.

01

Contract Execution

Agreement signed and countersigned; billing triggers begin.

02

Kickoff & Onboarding

Technical kickoff and migration plan started within 7 business days.

03

Migration Complete

Content and integrations migrated; acceptance testing concluded.

04

Ongoing Reporting

Monthly performance reports and quarterly business reviews commence.

Common mistakes to avoid when preparing the agreement

Leaving scope vague; ambiguous deliverables lead to disputes and extra charges.
Failing to define SLAs or service credit calculations for missed performance targets.
Omitting data processing terms or a BAA when handling protected health information.
Not specifying migration support or fees for data export at contract termination.

Top contractual risks and typical remedies

Data Breach Liability: Indemnity for breach costs

Service Outage: Service credits or termination rights

IP Misuse: Injunctive relief and damages

Late Payment: Interest and collection costs

Regulatory Noncompliance: Fines and remedial obligations

Poor Performance: Cure period then termination

Real-world examples of hosted marketing agreements in practice

Selected cases show how organizations use hosted marketing contracts to manage integrations, compliance, and scale.

Optica Ventures (Brian Fitzgibbons)

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

Rapid onboarding reduced turnaround time for campaign launches.
The agreement clarified responsibilities and reduced handoffs, enabling consistent delivery and fewer billing disputes while preserving client data controls.

Xerox (Kodi-Marie Evans)

airSlate SignNow provides us with the flexibility needed to get the right signatures on the right documents, in the right formats, based on our integration with NetSuite.

Integration simplified approvals across teams.
The contract and technical integrations together reduced manual processing and ensured signed records were captured and stored for auditability.

Common eSignature vendor comparison for executing Marketing Hosted Services Agreement

Compare baseline pricing and capabilities for common eSignature providers; signNow appears first per table convention and offers multiple plan models.

	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	Yes, 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
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently asked questions about using this agreement

Answers to common practical and legal questions encountered when preparing, executing, or amending a Marketing Hosted Services Agreement.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are legally valid under the federal ESIGN Act (15 U.S.C. §7001) and by UETA in most states. Ensure the signer demonstrates intent, consents to electronic records, attribution is provable, and records are retained.
When is a BAA required?
A Business Associate Agreement is required when the hosted service will create, receive, maintain, or transmit protected health information. Include explicit HIPAA controls and breach notification obligations in accordance with 45 CFR requirements.
What happens if a party needs to amend terms?
Include an amendment process: written notice, authorized signatory approval, effective date, and any transitional obligations. Amendments should be signed by authorized representatives to be enforceable.
Who should approve security controls?
IT/security and legal should jointly review controls; include acceptance criteria, audit rights, and certification obligations (SOC 2, ISO 27001) where applicable.
How to cancel or terminate early?
Follow termination provisions: notice period, cure windows, outstanding payment settlement, and data export or deletion processes. Define migration assistance scope and any associated fees.
Is notarization or RON required to enforce the contract?
Generally no; contracts are enforceable without notarization. Notarization or RON may be useful for specific instruments or internal policy. Verify state RON rules if notarization is desired.

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