Are electronic signatures legally valid?

Yes. Electronic signatures are legally equivalent to handwritten signatures for most interstate and commercial transactions under the ESIGN Act (15 U.S.C. ch. 96). UETA, adopted by most states, provides complementary intrastate rules; verify state-specific exceptions.

When is notarization required?

Notarization is required only when the contract or related document requires an acknowledgment, deed, or specific statutory form. Check state notary rules and remote online notarization availability; requirements vary by state and document type.

Does HIPAA affect marketing agreements?

Yes, if marketing uses protected health information. A Business Associate Agreement (BAA) is required when handling PHI; include explicit data-handling procedures and breach notification obligations.

How do I confirm signer authority?

Document the signer’s title and capacity in the signature block and, for corporate entities, include a corporate resolution or representation that the signer is authorized to bind the organization.

Can a signed agreement be revoked?

Revocation or cancellation depends on contract terms. Termination clauses govern unilateral cancellation, early termination fees, and wind-down obligations; follow the written amendment or termination procedures specified in the agreement.

Is remote online notarization acceptable?

Many states permit RON with identity proofing and audio-video recording, but rules differ. Verify your state notary commission and retention requirements before relying on RON for notarized acknowledgments.

Electronic Signature
Templates
Marketing
Marketing Maintenance Agreement

Marketing Maintenance Agreement

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

MARKETING MAINTENANCE AGREEMENT

This Marketing Maintenance Agreement (the Agreement) is made effective as of (Effective Date), by and between Brand/Client: and Agency/Provider: .

RECITALS

WHEREAS, Brand/Client engages Agency/Provider to provide ongoing marketing maintenance services in connection with the Campaign described below; and WHEREAS, Agency/Provider has the experience, personnel, and resources to perform the services set forth herein.

DEFINITIONS

"Campaign" means the marketing program identified below. "Deliverables" means the content, creative, advertising assets, reports and other items to be delivered by Agency/Provider. "Maintenance" means routine updates, monitoring, optimizations and corrective actions described in the Scope of Services.

CAMPAIGN SUMMARY

Campaign Name Primary Objectives Target Audience Channels

SCOPE OF SERVICES

Agency/Provider will provide marketing maintenance services including but not limited to ongoing content updates, creative refreshes, technical updates, campaign monitoring and optimization, performance reporting, and minor creative production as described below. Major new creative campaigns or product launches are outside the scope unless agreed by Change Order.

Deliverable #1 — Description

Format: Quantity: Deadline:

Deliverable #2 — Description

Format: Quantity: Deadline (recurring):

Ongoing Maintenance Tasks

SERVICE LEVELS & RESPONSE TIMES

Agency/Provider shall respond to Brand/Client requests in accordance with the following: Critical issues within ; High-priority within ; Standard requests within .

COMPENSATION & PAYMENT

Monthly Retainer / Fee Payment Schedule

Monthly Quarterly Per milestone Upon invoice

Payment Terms Expenses

Agency/Provider shall be reimbursed for pre-approved out-of-pocket expenses up to per month unless otherwise authorized in writing.

Late Payment

CHANGE ORDERS

Any material change to Scope, Deliverables, or Schedule shall be executed by a written Change Order signed by authorized representatives of both parties. Change Orders shall identify additional fees and schedule impacts. Agency/Provider will not commence Change Order work until approved in writing by Brand/Client.

Change Order Approval Contact

USAGE RIGHTS & INTELLECTUAL PROPERTY

Subject to full payment, Agency/Provider assigns to Brand/Client all right, title and interest in the final Deliverables created specifically for Brand/Client under this Agreement. Agency/Provider retains ownership of pre-existing materials, templates and proprietary tools; Agency/Provider hereby grants Brand/Client a perpetual, worldwide, non-exclusive license to integrated pre-existing elements embedded in the Deliverables solely as incorporated into the final Deliverables.

Territory for Use Duration of License

FTC DISCLOSURE, COMPLIANCE & ADVERTISING STANDARDS

Agency/Provider shall ensure that all paid, sponsored, or endorsement content created pursuant to this Agreement contains clear and conspicuous disclosure of material connections where required by law or regulation. Brand/Client shall identify any material facts or restrictions required for accurate disclosures. Both parties shall cooperate to ensure compliance with applicable advertising standards and shall retain records demonstrating required disclosures.

EXCLUSIVITY

Brand/Client requires exclusivity for the Products/Services described below during the Term. Non-exclusive — Brand/Client permits Agency/Provider to perform services for other clients in the same market.

Exclusivity Scope (if any)

TERM & TERMINATION

The initial Term shall commence on the Effective Date and continue for , and shall automatically renew for successive terms unless either party provides written notice of non-renewal at least prior to the end of the then-current term.

Either party may terminate for convenience upon days' written notice. If Brand/Client terminates without cause prior to completion of paid work, Brand/Client shall pay a kill fee of for work in progress and non-recoverable third-party costs.

CONFIDENTIALITY

REPRESENTATIONS, WARRANTIES & INDEMNITY

Each party represents that it has authority to enter this Agreement. Agency/Provider warrants that Deliverables will not intentionally infringe third-party intellectual property rights. Brand/Client warrants that it has all necessary rights to permit Agency/Provider to use Brand/Client intellectual property as required to perform the Services. Each party shall indemnify the other against third-party claims arising from breach of these representations or negligent performance.

LIMITATION OF LIABILITY

Except for liability arising from gross negligence, willful misconduct, or infringement claims for which a party is indemnified, neither party's aggregate liability for claims arising under this Agreement shall exceed the total fees paid by Brand/Client to Agency/Provider under this Agreement in the twelve (12) months preceding the claim.

FORCE MAJEURE

Neither party shall be liable for delay or failure to perform to the extent caused by events beyond its reasonable control, provided the affected party gives prompt written notice and resumes performance as soon as reasonably practicable.

GOVERNING LAW & DISPUTE RESOLUTION

This Agreement shall be governed by the laws of the State of without regard to choice-of-law rules. The parties agree to negotiate in good faith to resolve disputes and may pursue injunctive relief where appropriate.

NOTICES

Brand/Client Contact for Notices Agency/Provider Contact for Notices

MISCELLANEOUS

This Agreement constitutes the entire agreement between the parties and supersedes prior agreements. Amendments must be in writing signed by authorized representatives. If any provision is found unenforceable, the remainder shall remain in effect. The parties may execute this Agreement in counterparts and by electronic signature.

Brand / Client:

By:

Date:

Agency / Provider:

By:

Date:

What a Marketing Maintenance Agreement Covers

A Marketing Maintenance Agreement is a contract that defines ongoing services to support, update, and manage marketing assets and campaigns. It typically identifies the parties, scope of maintenance (content updates, technical upkeep, analytics reporting), service levels, fees, invoicing terms, intellectual property allocation, confidentiality provisions, and termination rights. The agreement clarifies responsibilities for routine updates, emergency fixes, and project-based work outside the monthly maintenance scope so both vendor and client understand expectations and dispute resolution mechanisms.

Why a Clear Maintenance Agreement Matters (Legal and Practical)

A written Marketing Maintenance Agreement reduces scope drift, sets measurable service levels, and allocates liability between parties. Properly executed electronic signatures meet federal and state e-signature law requirements (ESIGN Act, 15 U.S.C. ch. 96; UETA) and preserve enforceability when intent, consent, attribution, and record retention are documented.

Who Commonly Uses a Marketing Maintenance Agreement

In-house marketing teams, agencies, and independent contractors use this agreement to define ongoing support, transfer responsibilities, and set payment terms.

Marketing agencies and consultants who deliver recurring site updates, asset management, and campaign optimization for multiple clients.
Internal marketing operations teams that outsource specialized tasks such as SEO maintenance or CRM integration support.
Legal and procurement teams seeking predictable fee structures, SLAs, and IP assignment language for vendor contracts.

When tailored correctly, the document reduces disputes and provides a clear roadmap for routine and emergency marketing work across organizations.

Step-by-Step: Filling Out the Agreement

Follow a consistent sequence to reduce rework: gather details, define scope, set SLAs and fees, assign signers, then execute with appropriate authentication.

01

Gather Details: Collect company legal names, addresses, and authorized signer information.
02

Define Scope: Write clear, itemized maintenance tasks and deliverables.
03

Set Fees: Specify flat monthly fees, hourly rates, and out-of-scope rates.
04

Execute: Obtain signatures with audit trail and required authentication.

How to Configure an Online Maintenance Workflow

Configure your digital workflow to reflect signer roles, authentication level, and post-sign storage to maintain an auditable record.

Template	Create a reusable agreement template for consistency and version control.
Signer Roles	Assign roles (Client Signer \| Vendor Signer) and set signing order if needed.
Authentication	Choose email link, SMS code, or stronger multi-factor authentication.
Reminders	Enable automated reminders and escalation for unsigned documents.
Storage	Archive signed PDFs and export audit trails to secure cloud storage.

Typical Electronic Signing Flow

A standard e-sign process ensures clarity and traceability from upload through final audit trail and distribution.

Upload: Sender uploads the agreement to the signing platform.
Place Fields: Sender adds signature, initial, and date fields in the document.
Notify Signers: Platform emails signers a secure link to review and sign.
Record: System captures timestamps, IPs, and completion certificate.

Core Sections to Include in a Professional Agreement

A well-structured Marketing Maintenance Agreement addresses deliverables, timing, costs, responsibilities, IP, confidentiality, and termination mechanics.

Scope of Work

Detail routine tasks, frequency, deliverables, and explicit exclusions to avoid scope disputes during the term.

Service Levels

Define response times, uptime expectations, and escalation paths for incidents or outages requiring immediate attention.

Fees and Payment

Set a clear billing cadence, late payment remedies, and rates for out-of-scope or emergency work.

Intellectual Property

Specify ownership of created content, licenses back to client, and treatment of pre-existing materials.

Confidentiality

Include mutual NDAs or confidentiality clauses and data-handling obligations for sensitive marketing data.

Termination

List termination for convenience and for cause, notice periods, and obligations on termination such as data return.

Security and Compliance Considerations

In-Transit Encryption: TLS 1.2/1.3 enforced

At-Rest Encryption: AES-256 encryption applied

Audit Trails: Timestamps, IPs, and action logs

HIPAA Support: BAA available when required

ESIGN/UETA: Meets federal and state e-sign law

Certifications: SOC 2 Type II and ISO 27001

Digital Delivery and Technical Requirements

Choose a platform that supports secure PDFs, audit trails, and common integrations to streamline execution.

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

Representative eSignature Pricing and Feature Comparison

Compare baseline pricing and core capabilities; signNow is listed first per table convention. Confirm plan details with each vendor for enterprise features and compliance add-ons.

	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	Varies
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Key Dates and Common Deadlines to Track

Specify and calendar critical dates in the agreement: effective date, renewal windows, termination notice, invoicing, and performance milestones.

Effective Date:

The MM/DD/YYYY when obligations begin and billing usually starts

Renewal Notice:

Typically 30 days prior to expiration for automatic renewals

Termination Notice:

Standard 30–60 days for termination for convenience unless stated otherwise

Invoice Due:

Commonly net 30 days from invoice date

SLA Response:

Response within 24–72 hours per agreed service level

Common Penalties and Contract Risks

Incorrect TIN: Backup withholding 24%

Late Tax Filing: 1099 penalties $60–$330 per form

I-9 Violations: $281–$2,789 per violation

Contract Voidance: Unclear authority can cause unenforceable agreements

HIPAA Breach: Fines and corrective action possible

Data Loss: Business interruption and reputational damage

Avoidable Mistakes When Preparing the Agreement

Vague scope descriptions that fail to list routine tasks and exclusions, resulting in scope disputes and unexpected charges.
Missing signatory authority or corporate approval language, which can render a contract unenforceable or delay execution.
Failing to define response times and escalation procedures for outages or security incidents, increasing downtime risk.
Not including IP assignment or license language for marketing creative, which can create ownership disputes over deliverables.

Real-World Examples of Maintenance Agreements in Use

Two illustrative customer examples show how firms structure recurring marketing support to reduce friction and accelerate updates.

Optica Ventures (COO)

Optica standardized maintenance scopes across portfolio companies to ensure consistent updates and uptime.

They used clear SLAs and monthly reporting to enforce delivery.
Standardizing the agreement reduced vendor confusion, shortened approval cycles, and improved turnaround on property marketing assets across multiple managed properties.

Martin Properties (Founder)

A small real estate firm moved to online maintenance contracts for lease marketing and listing updates.

They implemented audit trails for approvals.
Having signed, auditable maintenance agreements allowed rapid content updates and ensured compliance with disclosure requirements while eliminating paper-based delays.

Frequently Asked Questions

Answers to common questions about enforceability, notarization, signatory authority, and electronic execution of Marketing Maintenance Agreements.

Need help? Contact support

Are electronic signatures legally valid?
Yes. Electronic signatures are legally equivalent to handwritten signatures for most interstate and commercial transactions under the ESIGN Act (15 U.S.C. ch. 96). UETA, adopted by most states, provides complementary intrastate rules; verify state-specific exceptions.
When is notarization required?
Notarization is required only when the contract or related document requires an acknowledgment, deed, or specific statutory form. Check state notary rules and remote online notarization availability; requirements vary by state and document type.
Does HIPAA affect marketing agreements?
Yes, if marketing uses protected health information. A Business Associate Agreement (BAA) is required when handling PHI; include explicit data-handling procedures and breach notification obligations.
How do I confirm signer authority?
Document the signer’s title and capacity in the signature block and, for corporate entities, include a corporate resolution or representation that the signer is authorized to bind the organization.
Can a signed agreement be revoked?
Revocation or cancellation depends on contract terms. Termination clauses govern unilateral cancellation, early termination fees, and wind-down obligations; follow the written amendment or termination procedures specified in the agreement.
Is remote online notarization acceptable?
Many states permit RON with identity proofing and audio-video recording, but rules differ. Verify your state notary commission and retention requirements before relying on RON for notarized acknowledgments.

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