Can this be signed electronically?

Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states when intent, consent, attribution, and retention are present.

Is HIPAA compliance required?

If the agreement involves protected health information, include a Business Associate Agreement and meet HIPAA privacy and security requirements per 45 CFR §164.530(j).

What signer authentication is recommended?

Use at least email verification; for higher risk, require SMS codes, KBA, or multi-factor authentication to strengthen attribution and reduce repudiation.

Do I need a notary or RON?

Most marketing agreements do not require notarization, but notarization or RON may be needed for documents creating recordable interests; RON rules vary by state, consult the state notary commission.

How do I update an executed agreement?

Execute an amendment signed by authorized signatories; avoid side letters that create ambiguity and retain both original and amendment together.

How should signed copies be stored?

Store final PDFs with an audit trail in encrypted storage, retain for statutory periods, and ensure access controls and searchable indexes for discovery.

Electronic Signature
Templates
Marketing
Marketing Processing Agreement

Marketing Processing Agreement

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

MARKETING PROCESSING AGREEMENT

This Marketing Processing Agreement (the Agreement) is entered into as of (Effective Date) by and between:

Parties

Brand / Client Brand / Client - Address for notice Contact Email Processor / Agency Processor / Agency - Address for notice Contact Email

Recitals

Brand desires to engage Processor to perform marketing processing and content services in connection with the Campaign described below, and Processor is willing to provide such services on the terms set forth in this Agreement. The Parties agree as follows.

Campaign Description

Campaign Name Objectives Target Audience Channels

Deliverables and Schedule

Processor shall deliver the following content and services (Deliverables) in accordance with the deadlines set forth below.

Deliverable 1 — Description

Format / Quantity: Deadline:

Deliverable 2 — Description

Format / Quantity: Deadline:

Additional Deliverables / Notes

Compensation and Payment

Brand shall pay Processor the fees set forth below in consideration for the Deliverables and services.

Total Fee Payment Schedule Expenses (if any)

Usage Rights and Intellectual Property

Processor hereby grants Brand a non-exclusive / exclusive (select below) license to use the Deliverables as set forth below. Ownership and assignment provisions are set forth following the license grant.

Territory: Duration:

License Type: Non-exclusive Exclusive

IP Ownership and Assignment

Compliance and Disclosures

All content and promotional activity shall comply with applicable advertising laws, including required disclosures for compensated content. Processor will include clear and conspicuous disclosure language or markings on paid posts where mandated and will comply with platform-specific disclosure rules.

Processor affirms: Processor will include required disclosures and materially accurate statements for all paid content.

Exclusivity

During the Term (defined below) and for any exclusivity period specified, Processor shall not perform marketing services for direct competitors of Brand in the specified categories without Brand's prior written consent.

Exclusive period (if applicable): Competitor definition / scope:

Term and Termination

Term: This Agreement commences on the Effective Date and continues until completion of the Deliverables unless earlier terminated as provided herein (Term).

Termination for convenience: Either Party may terminate upon days' prior written notice to the other Party.

Kill fee upon termination for convenience: or percentage of remaining fees:

Confidentiality; Data Processing

Confidential Information Data Processing and Security

Processor obligations: Implement commercially reasonable security measures appropriate to the data.

Representations, Warranties and Indemnification

Each Party represents and warrants that it has the right and authority to enter into this Agreement. Processor represents and warrants that the Deliverables will not infringe third-party rights and will comply with applicable laws. Processor shall indemnify Brand for third-party claims arising from Processor's breach of the foregoing representations.

Limitation of Liability

Except for willful misconduct or liability for intellectual property infringement or breaches of confidentiality, each Party's aggregate liability under this Agreement shall not exceed:

Audit Rights; Records

Brand may, upon reasonable notice and during normal business hours, audit Processor's records directly related to fees and compliance with this Agreement for a period of 24 months following final payment.

Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the state of without regard to conflict of laws principles. The Parties agree to attempt mediation prior to initiating litigation.

Miscellaneous

Notices Entire Agreement

This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior negotiations, proposals, and communications, whether written or oral.

Signatures

Brand / Client (Printed Name):

By (Signature):

Date:

Processor / Agency (Printed Name):

By (Signature):

Date:

What a Marketing Processing Agreement Covers

A Marketing Processing Agreement is a written contract that sets out the relationship between a marketing controller (the client) and a marketing processor (agency, vendor, or contractor). It defines scope of services, authorized uses of creative assets and personal data, data handling and security obligations, delivery milestones, payment terms, intellectual property ownership, confidentiality, warranty and liability limits, and termination rights. The agreement should specify any permitted subprocessing, data retention and deletion rules, and the law that governs disputes. When signed correctly it reduces operational ambiguity and supports regulatory compliance.

Why formalizing processing arrangements matters

A clear Marketing Processing Agreement reduces disputes, documents data handling responsibilities, aligns expectations on deliverables and payments, and helps demonstrate compliance with privacy and industry regulations such as HIPAA and consumer data rules. It also creates an evidentiary record for audits and enforcement inquiries.

Typical parties that complete this agreement

When both sides sign and retain the executed agreement, it clarifies obligations and helps support contractual, regulatory, and operational controls.

Marketing agencies and freelancers responsible for campaign execution and asset handling.
Vendors and technology providers that process customer data or host campaign assets.
In-house legal or procurement teams that need documented vendor controls and liability allocation.

Core clauses every professional Marketing Processing Agreement should include

A concise agreement concentrates on the operative terms that define obligations, data handling, and commercial expectations to reduce ambiguity and exposure for both parties.

Parties

Identify full legal names and entity types for each party, including DBA names and the contracting business unit to ensure enforceability and correct tax reporting.

Scope

Describe specific marketing services, deliverables, campaign windows, approval workflows, and the boundaries of permitted reuse of creative assets and customer data.

Data Use

Define categories of personal data processed, permitted processing purposes, lawful bases, data minimization requirements, and any marketing consent obligations.

Security

Specify technical and organizational measures, encryption standards, breach notification timelines, and requirements for subprocessor controls and audits.

IP & Licensing

Allocate ownership or license rights for created work, grant usage scopes, include moral rights waiver if needed, and clarify post-termination use.

Liability

Limitations of liability, indemnification triggers, insurance requirements, and remedies for breach, including injunctive relief for IP or data misuse.

Security and compliance checkpoints to include

Encryption: AES-256 at rest

Transport: TLS 1.2/1.3 in transit

Audit Trail: Detailed signing logs

BAA: Required for HIPAA data

Access Control: Role-based permissions

Authentication: Multi-factor options

Step-by-step: completing a Marketing Processing Agreement

Follow a consistent sequence to avoid omissions and ensure the signed agreement is enforceable and operationally useful.

01

Gather details: Collect legal names, addresses, and signatory authority documentation.
02

Define scope: Describe services, deliverables, timelines, and approval steps in clear language.
03

Add privacy clauses: Include data categories, lawful bases, retention, and breach obligations.
04

Sign and retain: Execute with authorized signatures and store the executed copy securely.

How to configure an online signing workflow

Configure the digital workflow to match the agreement’s signature order, authentication needs, and attachment requirements before sending for signature.

Field	Configuration
Signature Order	Sequential or parallel signing as contract requires
Authentication Method	Email link, SMS code, KBA or stronger as needed
Attachments	Include exhibits and SOWs as PDF attachments
Notifications	Set reminder cadence and completion alerts

Typical routing and submission flows

Document routing should map to internal approvals and the external signatory sequence to avoid rework and ensure legal validity.

Initiate: Sender uploads the agreement and places signature fields.
Authorize: Internal approvers review and initial before external signature.
Sign: External parties authenticate and apply e-signatures.
Archive: Final signed PDF and audit trail are stored securely.

Common timing and deadline items to document

Capture specific dates and notice periods to avoid ambiguity on campaign start, payments, and termination obligations.

Effective Date:

Enter MM/DD/YYYY; obligations begin on this date.

Campaign Start:

Specify the first delivery or go-live date for assets.

Payment Terms:

State net terms, e.g., Net 30 from invoice date.

Termination Notice:

Required written notice period, typically 30 days.

Deliverable Deadlines:

List milestone dates and acceptance windows.

Common mistakes to avoid when preparing the agreement

Vague scope language that omits specific deliverables and acceptance criteria, causing disputes over completion and payment.
Missing data processing details such as categories of data, retention periods, or whether data will be transferred to subprocessors.
Failing to confirm the signer’s authority or to include entity signature blocks, which can render the agreement voidable.
Omitting security or breach notification timelines and contact points, leaving parties uncertain during an incident response.

Risks and potential consequences of an incomplete or incorrect agreement

Regulatory Fines: HIPAA or state privacy fines

Contract Damages: Monetary liability for breaches

Injunction Risk: Court orders limiting use of assets

Reputational Harm: Public disclosure and client loss

Termination: Early contract termination without cure

Tax Exposure: Incorrect reporting or withholding

Real-world examples of execution and outcomes

Case examples show how organizations use online signing and processing controls to speed approvals and maintain compliance.

Optica Ventures — Brian Fitzgibbons

Optica moved vendor-facing paperwork online to reduce friction and centralize approvals.

Faster turnaround and fewer questions from customers.
"The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."

Martin Properties — Tim Martin

A real estate firm standardized marketing vendor agreements and signatures for remote closings.

Enabled mobile and offline signing for field teams.
"I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently."

Frequently asked questions about signing and compliance

Answers to common legal, technical, and process questions when preparing or executing a Marketing Processing Agreement.

Need help? Contact support

Can this be signed electronically?
Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states when intent, consent, attribution, and retention are present.
Is HIPAA compliance required?
If the agreement involves protected health information, include a Business Associate Agreement and meet HIPAA privacy and security requirements per 45 CFR §164.530(j).
What signer authentication is recommended?
Use at least email verification; for higher risk, require SMS codes, KBA, or multi-factor authentication to strengthen attribution and reduce repudiation.
Do I need a notary or RON?
Most marketing agreements do not require notarization, but notarization or RON may be needed for documents creating recordable interests; RON rules vary by state, consult the state notary commission.
How do I update an executed agreement?
Execute an amendment signed by authorized signatories; avoid side letters that create ambiguity and retain both original and amendment together.
How should signed copies be stored?
Store final PDFs with an audit trail in encrypted storage, retain for statutory periods, and ensure access controls and searchable indexes for discovery.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now