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Marketing PoS Materials

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Marketing PoS Materials Agreement

This Agreement is entered into as of by and between Client Name: , Address: and Agency Name: , Address: .

WHEREAS

WHEREAS, Client operates retail locations and/or point-of-sale channels that require physical and digital point-of-sale materials, displays, signage and collateral (collectively, "PoS Materials"); and

WHEREAS, Agency has expertise in the design, production and procurement of marketing PoS Materials and agrees to provide such services pursuant to the terms and conditions contained in this Agreement; and

NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties agree as follows.

Scope of Work

Payment Terms

Late payments shall accrue interest at % per month, or the maximum rate permitted by law, whichever is lower. Minimum late fee shall be .

Term and Termination

This Agreement shall commence on and shall continue in effect until , unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within the notice period set forth above. Termination by Client for convenience requires payment to Agency for all work performed and reasonable costs incurred up to the effective date of termination.

Confidentiality

Each party shall treat as confidential all non-public information disclosed by the other party that is marked or identified as confidential or that reasonably should be understood to be confidential given its nature and the circumstances of disclosure ("Confidential Information"). Recipient shall not use Confidential Information except to perform its obligations under this Agreement and shall not disclose Confidential Information to any third party except to employees, contractors or advisors who have a need to know and who are bound by confidentiality obligations no less protective than those herein. Confidentiality obligations do not apply to information that is (a) already known to recipient without restriction; (b) publicly available through no fault of recipient; (c) rightfully received from a third party without breach of confidentiality; or (d) independently developed by recipient.

Intellectual Property; License

Unless otherwise agreed in writing, Agency shall retain ownership of Agency's pre-existing materials, tools, templates and general know-how. Upon full and final payment of amounts due under this Agreement, Agency assigns to Client all exclusive right, title and interest in and to the final commissioned PoS Materials, excluding Agency's pre-existing proprietary elements and third-party components. Agency retains the right to use non-confidential images of the finalized PoS Materials for Agency's portfolio, marketing and self-promotion unless Client checks the box below:

Client requests Agency not to use PoS materials in Agency portfolio or marketing materials

Acceptance; Delivery

Agency shall deliver samples or proofs for Client review. Client shall accept or provide written correction requests within days of delivery. Failure to timely reject constitutes acceptance. If Client requests changes beyond the agreed scope, Agency may charge additional fees and adjust delivery timelines.

Representations, Warranties and Indemnity

Each party represents and warrants that it has the authority to enter into this Agreement. Client represents that Client will secure or owns all rights, clearances and licenses necessary for Agency to use Client-provided content and trademarks. Agency warrants that PoS Materials will be original works of authorship created by Agency and will not, to Agency's knowledge, infringe third-party intellectual property rights. Each party agrees to indemnify, defend and hold harmless the other party from third-party claims arising from the indemnifying party's breach of its representations, willful misconduct, or negligence.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of law rules. The parties shall attempt in good faith to resolve disputes through negotiation prior to initiating litigation. Each party consents to the exclusive jurisdiction and venue of the courts located in the governing state for any unresolved claims.

Entire Agreement

This Agreement, including any exhibits or attachments referenced herein and any written change orders signed by both parties, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, proposals and communications, whether oral or written. No amendment shall be effective unless in writing and signed by both parties.

Miscellaneous

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign this Agreement without the prior written consent of the other, except that Agency may assign to a successor in the event of merger or sale of substantially all of Agency's assets. Notices under this Agreement shall be given in writing to the addresses set forth above.

Contact Representatives

Client:

By:

Date:

Agency:

By:

Date:

Enter text✕

What Marketing PoS Materials Are and when they matter

Marketing Point-of-Sale (PoS) Materials are the printed or digital collateral used at retail or service locations to promote products, describe pricing and promotions, and guide customer purchase decisions. These materials include posters, shelf talkers, product spec sheets, price tags, digital display assets, and compliance disclaimers that accompany a sale. They must balance clear merchandising information with accurate pricing, legal disclosures, and SKU details so that in-store staff and customers can rely on the materials for day-to-day transactions and promotional audits.

Why consistent Marketing PoS Materials reduce risk and confusion

Consistent, complete PoS materials improve price accuracy, align staff actions with promotions, and reduce regulatory exposure from misleading claims. Properly structured materials also support inventory control and faster checkout reconciliation during audits.

Why consistent Marketing PoS Materials reduce risk and confusion

Primary teams and roles that prepare or approve PoS materials

Defining these roles in a written workflow speeds approval cycles and establishes an audit trail for promotions and pricing disputes.

  • Marketing managers who define promotional messaging and visual assets for display and campaign consistency.
  • Merchandising and category managers who map SKUs, pricing, and shelf placement to ensure accuracy.
  • Store managers or retail operations who verify installation, local compliance, and inventory alignment.

Step-by-step process to prepare and approve PoS materials

Follow a clear linear workflow from brief to deployment to prevent rework and legal exposure.

  • 01
    Brief: Collect campaign goals, SKU list, and approved pricing.
  • 02
    Design: Produce assets with SKU, barcode, and legible pricing.
  • 03
    Review: Legal and merchandising verify compliance and accuracy.
  • 04
    Deploy: Distribute to stores and confirm installation with receipts.

Digital workflow settings for centralized review and approval

Configure a repeatable workflow to route assets through design, merchandising, legal, and store ops.

Field Configuration
Design Review Assign to in-house designer or agency with 3-day SLA
Merchandise Approval Auto-route to category manager for SKU and price verification
Legal Approval Route to legal team with redline and disclaimer checklist
Store Distribution Create distribution list by region and install date window

Technical considerations for storing and distributing PoS assets

Ensure the chosen system logs actions and retains previous versions for auditability; consider integrations with CRM or merchandising systems for automated publishing.

  • File types: PDF, PNG, JPEG, SVG
  • Integrations: CMS, ERP, digital signage
  • Access control: Role-based permissions

How digital approval and distribution typically flow

A predictable, auditable flow reduces errors and shortens time-to-shelf for PoS materials.

  • Upload: Design team uploads final asset to central repository.
  • Assign: System assigns reviewers in sequence per workflow rules.
  • Sign-off: Approvers confirm content and sign electronically.
  • Publish: Assets distribute to stores, printers, or digital signage endpoints.

Essential elements of professional Marketing PoS Materials

Each PoS item should combine branding, regulatory text, and transactional clarity to be effective at point of sale.

Clear Pricing

Display the final customer price prominently, include unit pricing if required, and avoid ambiguous phrases that could mislead consumers during checkout.

SKU and Barcode

Include scannable barcodes and exact SKU identifiers to prevent checkout mismatches and to improve inventory reconciliation accuracy.

Promotion Information

State promotion mechanics, eligibility, and precise start/end dates so staff and customers understand the offer terms without guesswork.

Branding and Layout

Use consistent fonts, colors, and imagery to maintain brand recognition while ensuring legibility from typical customer viewing distances.

Compliance Text

Add required legal disclaimers, refund policies, or regulatory notices in a readable size and location to meet state and federal requirements.

Installation Instructions

Provide short assembly or placement guidance for store teams so assets are displayed correctly and consistently across locations.

Security and compliance checks to include with PoS workflows

Encryption: TLS 1.2/1.3; AES-256
Audit Trail: Signed timestamp and IP logs
Access Controls: Role-based permissions
HIPAA Considerations: BAA required if PHI present
Retention Policies: Defined record retention schedule
Certifications: SOC 2 Type II; ISO 27001

Key risks and penalties from incorrect PoS materials

Consumer Fines: State consumer protection penalties
HIPAA Fines: For PHI disclosure without BAA
Tax Reporting: Incorrect price reporting impacts filings
Contract Voidance: Misleading terms may void agreements
Reputational Harm: Public disputes and negative press
Regulatory Notices: Recall or correction orders

Common mistakes teams make when preparing PoS materials

  • Publishing inconsistent pricing across stores that leads to customer disputes and manual refund processing during audit windows.
  • Using expired promotional dates or vague eligibility rules that create liabilities and force retroactive corrections.
  • Missing SKU or barcode mismatches that cause inventory reconciliation failures and delayed replenishment orders.
  • Failing to keep a versioned record of approvals, making it difficult to demonstrate compliance in regulatory reviews.

Typical eSignature vendor pricing and capability overview

Compare per-user starting prices, basic feature availability, and HIPAA support when selecting an eSignature provider for PoS approvals.

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 No No 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
Envelope Cap No cap 100 env/user/yr Varies Varies Varies

Frequently asked questions about Marketing PoS Materials

Answers to common operational and legal questions encountered when preparing, approving, and distributing PoS materials.


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