Are electronic signatures legally valid?

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

When is a notary needed?

Most marketing agreements do not require notarization. Use a notary only when state law or specific transaction types require it, or when counterparties request notarized acknowledgements for recordation.

Do I need a BAA for marketing work?

If marketing involves protected health information (PHI), a signed business associate agreement (BAA) and HIPAA safeguards are required; otherwise avoid PHI in campaign data.

How do I amend an executed agreement?

Amendments should be in writing, reference the original agreement, and be signed by authorized parties; include effective date and any transitional obligations.

What happens if a party misses reporting deadlines?

Remedies depend on contract terms: include cure periods, liquidated damages, or withholding mechanics. Absent clear terms, remedies rely on general contract law and negotiation.

How long should signed copies be kept?

Retain the fully executed agreement and related records for at least the active term plus three years; longer retention may be required for tax or HIPAA purposes.

Electronic Signature
Templates
Marketing
Marketing Investment Agreement

Marketing Investment Agreement

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

MARKETING INVESTMENT AGREEMENT

This Marketing Investment Agreement ("Agreement") is made effective as of by and between:

Brand / Client: Brand / Client address: Agency / Creator: Agency / Creator address:

RECITALS

WHEREAS, Brand desires to engage Agency to develop and execute the marketing campaign described herein; and WHEREAS, Agency has the expertise and capacity to perform the services and produce the deliverables set forth in this Agreement. The parties agree as follows.

1. CAMPAIGN DESCRIPTION

Campaign name: Objectives (measurable goals): Target audience: Primary channels (e.g., social, display, email):

Campaign term begins on and ends on .

2. DELIVERABLES

Agency shall produce the following deliverables in the quantities, formats, and by the deadlines indicated. Deliverables must conform to the specifications approved by Brand in writing.

Deliverable 1 — description:

Deliverable 2 — description:

Additional deliverables / notes:

3. COMPENSATION & EXPENSES

Brand shall pay Agency the total fee of (the "Fee") according to the schedule below. All amounts are exclusive of taxes unless otherwise indicated.

Payment schedule / milestones:

Deposit required: due within days of invoice.

Reimbursable expenses (pre-approval required):

4. USAGE RIGHTS & INTELLECTUAL PROPERTY

Upon full payment of the Fee, Agency grants Brand a non-exclusive / exclusive (select below) license to use the Deliverables as set forth in this section. Unless otherwise agreed in writing, Agency retains ownership of Agency pre-existing materials and underlying know-how.

License grant (scope):

Territory: Duration (license term):

Ownership and assignment of Deliverables:

5. FTC DISCLOSURE & COMPLIANCE

Agency and any talent engaged by Agency shall ensure all endorsements, sponsored posts, and paid content include clear and conspicuous disclosures identifying the Brand relationship in compliance with applicable consumer protection and advertising laws. Agency certifies that disclosures will be made in proximity to the endorsement and in a manner that is readily understandable by the intended audience.

Agency certification of disclosure compliance: Agency affirms it will require and verify disclosures for all paid content and will maintain records of posted disclosures for the term plus one year.

6. APPROVALS & REVIEW

Brand shall provide approvals, creative feedback, and required assets within the timeframes set forth in the campaign schedule. Failure to timely approve shall extend corresponding deadlines. Any revisions beyond the agreed scope are subject to additional fees.

Turnaround for approvals (days):

7. CONFIDENTIALITY

Each party shall treat as confidential all non-public business information disclosed by the other party in connection with this Agreement and shall not use or disclose such information except as necessary to perform its obligations hereunder. Confidentiality obligations survive termination for a period of two (2) years, or longer as required for trade secrets under applicable law.

8. REPRESENTATIONS, WARRANTIES & INDEMNIFICATION

Each party represents and warrants that it has the right to enter into this Agreement and perform its obligations. Agency represents that the Deliverables will not infringe third-party rights and will comply with applicable laws. Agency shall indemnify and hold Brand harmless from claims arising from Agency's breach, negligence, or infringement, subject to the limitations below.

Indemnity cap (if any):

9. LIMITATION OF LIABILITY

Except for liability arising from gross negligence, willful misconduct, or breach of confidentiality or IP indemnities, neither party shall be liable for consequential, incidental, or punitive damages. The total liability of either party arising from or related to this Agreement shall not exceed the total Fees paid by Brand to Agency under this Agreement.

10. TERMINATION

Either party may terminate this Agreement for convenience upon days' prior written notice. Brand may terminate for material breach if Agency fails to cure within days after written notice. Termination by Brand without cause after production has begun shall require Brand to pay a kill fee equal to .

11. FORCE MAJEURE

Neither party shall be liable for delays or failures to perform due to causes beyond its reasonable control, including acts of God, labor disputes, governmental actions, or other events of force majeure. Affected obligations shall be suspended for the duration of the event; if the event continues for more than sixty (60) days, either party may terminate on written notice.

12. NOTICES

All notices under this Agreement shall be in writing and sent to the addresses specified below or such other addresses as the parties may designate in writing.

Brand primary contact (name and title): Brand contact email and address: Agency primary contact (name and title): Agency contact email and address:

13. MISCELLANEOUS

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements. Any amendment must be in writing and signed by authorized representatives of both parties. This Agreement is governed by the laws of the state specified below.

Governing law (state): Additional terms or special provisions:

Brand / Client:

By:

Date:

Agency / Creator:

By:

Date:

What a Marketing Investment Agreement Covers

A Marketing Investment Agreement is a written contract that sets the terms between parties who pool funds, resources, or services to develop, run, and measure marketing campaigns. Typical provisions define scope of work, budget and payment schedules, key performance indicators (KPIs), reporting cadence, ownership of creative assets, confidentiality, indemnities, and termination rights. These agreements are used for co-marketing, agency retainers, media buys, influencer programs, and joint promotions. In the United States electronic execution is generally acceptable when the parties meet ESIGN and state e-signature requirements.

Why a Clear Agreement Matters for Marketing Partnerships

A precise agreement aligns expectations, assigns financial responsibility, and documents performance metrics. It reduces disputes by specifying deliverables, payment triggers, reporting obligations, and IP ownership. Clear terms also help when assessing ROI, auditing spend, and meeting regulatory obligations such as privacy or sector-specific rules.

Who Typically Prepares and Signs These Agreements

Agencies, brand marketers, media buyers, in-house growth teams, and legal or finance stakeholders commonly draft or sign marketing investment agreements.

Marketing Agencies and Consultants — Use agreements to define billing, deliverables, media spend, and performance benchmarks for client campaigns.
Brand or Product Marketing Teams — Formalize contributions, reporting expectations, IP rights, and approval workflows across internal and external partners.
Finance and Legal Teams — Review consideration, indemnities, tax treatment, and compliance with data privacy or industry-specific rules.

Identifying the right combination of operational, financial, and legal signers up front speeds execution and reduces later revisions.

Essential Clauses to Include

A professional agreement groups operational, financial, and legal items so each party’s obligations and rights are unambiguous.

Scope

Detailed campaign deliverables, timelines, channel specifics, creative approvals, and measurable KPIs for performance and acceptance criteria.

Payment Terms

Budget contributions, invoicing schedule, late fee and interest mechanics, and treatment of reimbursable media costs and third-party fees.

Reporting

Frequency and format of performance reports, data sources, metrics definitions, access to analytics, and remediation steps for missed KPIs.

Intellectual Property

Who owns created assets, licenses granted, usage limits, moral rights waivers, and post-termination asset handling.

Confidentiality

Non-disclosure obligations for campaign strategies, pricing, audience lists, and other sensitive data with specified duration.

Termination

Grounds for termination, cure periods, effect on outstanding payments, and transition or wind-down obligations.

Key Data Points and Compliance Flags

Signature Type: Electronic signatures accepted

Encryption: TLS 1.2/1.3; AES-256

Privacy Risk: May involve PII or PHI

HIPAA Note: BAA required if PHI

Recordkeeping: Audit trail required

File Formats: PDF, DOCX, XLSX

Step-by-Step: From Draft to Signed Agreement

Follow a consistent sequence to reduce revisions, confirm approvals, and capture authorization cleanly.

01

Prepare Draft: Assemble scope, fees, KPIs, and exhibits.
02

Internal Review: Legal and finance review for risks and tax treatment.
03

Finalize Terms: Resolve open items and attach exhibits.
04

Execute: Obtain signatures and deliver final copies.

How to Configure an Online Signing Workflow

Configure fields and routing so responsibilities and signature order are enforced in the signing platform.

Field	Configuration
Signer Order	Specify sequential or parallel signing
Authentication	Use email or SMS code as needed
Required Fields	Mark signatures, dates, and initials required
Notifications	Set reminders and expiration windows

Typical Routing and Submission Flow

A clear routing flow shortens turnaround and preserves an audit trail for later compliance and reconciliation.

Upload Document: Sender uploads final agreement file
Place Fields: Insert signature, date, and data fields
Add Signers: Enter signer emails and order
Send & Track: Platform emails signers and captures audit trail

Technical Requirements for eSigning and Distribution

Confirm supported file types, authentication options, and integration endpoints before sending to signers.

File Types: PDF, DOCX, HTML, XLSX supported
Integrations: Salesforce, NetSuite, Google Workspace
Auth Methods: Email link, SMS code, or KBA

Ensuring compatibility with your document formats and systems reduces signer friction and preserves metadata for audits.

Key Dates and Timing to Document

Document timeline items ensure payment, reporting, and renewal obligations are enforceable and measurable.

Effective Date:

Date when obligations begin; use MM/DD/YYYY format

Payment Milestones:

Due dates for deposits, installments, and final payments

Reporting Deadlines:

Schedule for campaign metrics and reconciliation

Renewal Notice:

Advance notice period to renew or terminate

Dispute Window:

Contract clause defining time to raise claims

Typical Contract Lifecycle Milestones

Milestones help coordinate stakeholders from negotiation through campaign measurement and close-out.

01

Negotiation

Finalize scope, fees, and KPIs before signature

02

Execution

All parties sign and effective date is set

03

Campaign Launch

Media buys and creative deployment commence

04

Reporting & Close-Out

Deliver final metrics, reconcile spend, and settle balances

Common Preparation Mistakes to Avoid

Vague scope language that fails to define deliverables, formats, or acceptance criteria, causing disputes over whether work was completed.
Undefined payment mechanics, such as failing to distinguish agency fees from reimbursable third-party media costs and taxes.
Missing or inconsistent KPIs and measurement methods, which prevent objective assessment of campaign performance and reconciliation.
Failing to document IP ownership or usage rights, leaving parties unclear on permitted post-campaign use of creative assets.

Consequences of an Incorrect or Incomplete Agreement

Breach Exposure: Damages and indemnity claims

Payment Disputes: Delayed or withheld funds

Tax Risk: Mischaracterized payments affect reporting

Data Liability: Privacy penalties for mishandled PII

Enforceability: Ambiguous terms may be voided

Operational Delay: Campaigns postponed pending clarification

eSignature Pricing and Feature Comparison

Compare starting price and common feature availability for high-level budgeting and capability planning; signNow is listed first for parity across columns.

	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	Yes, trial available	Yes, trial available	Yes, trial available	Yes, trial available
Bulk Send	Yes (Business Premium)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Real-World Uses and Outcomes

Examples show how organizations adapt standard signing and agreement practices to marketing partnerships and campaigns.

Optica Ventures (Small Agency)

A small agency streamlined partner contracts and signature turnaround to improve client experience.

Faster customer execution reduced delays and revisions.
"The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."

Martin Properties (SMB)

A regional business used online execution to manage multiple vendor agreements across properties.

Centralized audit trails simplified reconciliations.
"I can process and execute all of these documents online with 100% compliance and built-in security."

Typical Signer Roles

Marketing Director

Leads scope and KPI approval, authorizes campaign creative and reporting formats, and typically signs for marketing scope and budgeted spend on behalf of the brand or business unit.

Finance or CFO

Reviews payment terms, invoicing mechanics, and tax treatment; signs for budget approval and ensures accounting controls for media spend and reimbursements are satisfied.

Practical Tips for Accurate Agreements

Follow these practices to reduce disputes and accelerate campaign launch.

Define Measurable KPIs

Specify exact metrics, measurement windows, and data sources so performance is objectively measurable and reconciliations are straightforward.

Separate Fees and Pass-Through Costs

Distinguish agency fees from reimbursable media and third-party expenses to avoid billing disputes and accounting misclassification.

Attach Technical Exhibits

Include creative specifications, sample reporting templates, and measurement rules as exhibits to reduce interpretation gaps.

Document Change Process

Require written amendments signed by authorized representatives to prevent oral modifications and scope creep.

Frequently Asked Questions

Answers to common legal, technical, and operational questions about executing and managing a Marketing Investment Agreement.

Need help? Contact support

Are electronic signatures legally valid?
Yes. Electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. §7001) and state UETA laws when intent, consent, attribution, and retention requirements are met.
When is a notary needed?
Most marketing agreements do not require notarization. Use a notary only when state law or specific transaction types require it, or when counterparties request notarized acknowledgements for recordation.
Do I need a BAA for marketing work?
If marketing involves protected health information (PHI), a signed business associate agreement (BAA) and HIPAA safeguards are required; otherwise avoid PHI in campaign data.
How do I amend an executed agreement?
Amendments should be in writing, reference the original agreement, and be signed by authorized parties; include effective date and any transitional obligations.
What happens if a party misses reporting deadlines?
Remedies depend on contract terms: include cure periods, liquidated damages, or withholding mechanics. Absent clear terms, remedies rely on general contract law and negotiation.
How long should signed copies be kept?
Retain the fully executed agreement and related records for at least the active term plus three years; longer retention may be required for tax or HIPAA purposes.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now