Is an electronic signature legally valid?

Yes. Electronic signatures are legally binding under the federal ESIGN Act (15 U.S.C. ch. 96) and in most states under UETA (1999) or equivalent statutes; exceptions like wills and certain court filings still require paper or special handling.

Do I need a notary for this agreement?

Generally no. Routine marketing procurement agreements do not require notarization, but specific state or transaction types may; use notarization when required for recordability or third-party acceptance.

Can I use remote online notarization (RON)?

Possibly. RON availability varies by state and has technical requirements like identity proofing and audio‑video recording; verify the target state's rules before relying on RON.

Does signNow support HIPAA and enterprise features?

signNow offers HIPAA-compliant arrangements with a Business Associate Agreement (BAA) and enterprise-tier controls; plan features vary by tier (Business, Business Premium, Enterprise, Site License).

How long should I keep signed agreements?

Retain executed contracts for the contract term plus at least three years for tax purposes; industry-specific rules apply (HIPAA six years, SEC and SOX longer) — consult counsel for specific obligations.

How do I correct an executed agreement?

Amendments should be documented in writing and signed by authorized parties. Avoid verbal modifications; use a written amendment or replacement agreement to preserve enforceability.

Electronic Signature
Templates
Marketing
Marketing Procurement Agreement

Marketing Procurement Agreement

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

MARKETING PROCUREMENT AGREEMENT

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

Brand / Client

Client Name: Client Entity Type (select all that apply): Corporation LLC Partnership Other Client Address:

Agency / Creator

Agency Name: Agency Entity Type (select all that apply): Corporation LLC Individual/Sole Proprietor Other Agency Address:

Recitals

WHEREAS, Client desires to procure marketing and creative services for the campaign identified below; and WHEREAS, Agency is engaged in the business of providing such services and agrees to provide Deliverables under the terms set forth in this Agreement.

Campaign Description

Campaign Name: Primary Objectives: Target Audience: Channels:

Campaign Period: Start Date: End Date:

Deliverables

The Agency shall produce the following Deliverables in accordance with the specifications, quantities, and deadlines set forth below. All Deliverables shall conform to the quality standards agreed by the parties.

Deliverable 1 — Description:

Additional Deliverables / Schedule:

Compensation & Payment

Client will pay Agency the fees set forth below in consideration for the Deliverables. Unless otherwise stated, fees are exclusive of applicable taxes and expenses which shall be borne as set forth in this Agreement.

Total Fee: Payment Schedule / Milestones: Invoicing Instructions:

Payment Terms: Late Payment Fee:

Usage Rights & License

Agency hereby grants Client a non-exclusive/exclusive license (as indicated) to use the Deliverables for the Permitted Uses described below, subject to the payment of all Fees and compliance with the terms herein.

License Type (select applicable): Exclusive Non-Exclusive Permitted Uses / Scope:

Territory: Duration:

FTC Disclosure Compliance

Agency represents that all influencer, paid partnership, native advertising, or sponsored content will be disclosed in compliance with applicable advertising and consumer protection rules. Agency will provide written proof of required disclosures on request.

Agency confirms compliance with disclosure obligations required for paid promotional content. Disclosure Language / Instructions (if any):

Exclusivity

If Exclusive is selected above, Agency shall not render substantially similar promotional services to direct competitors of Client during the exclusivity period set forth below unless otherwise agreed in writing.

Exclusivity Period (if applicable): Exclusivity Scope / Exceptions:

Termination & Kill Fee

Either party may terminate this Agreement upon written notice for material breach if such breach remains uncured after the notice period below. Client may terminate without cause upon the notice period below upon payment of any applicable kill fee.

Notice Period (days): Kill Fee Amount:

Termination for Cause — Cure Period / Procedure:

Intellectual Property & Ownership

Unless otherwise agreed in writing, the parties' intent with respect to ownership of Deliverables and pre-existing materials is set forth below.

Ownership Elections (select applicable): All Deliverables shall be assigned to Client upon full payment.
Agency retains ownership of pre-existing materials and grants Client a license to the extent necessary.
Joint ownership as specifically set out in Section below. Details / Carve-Outs:

Confidentiality

Each party shall maintain in confidence the other's Confidential Information and shall not disclose such information except to personnel on a need-to-know basis or as required by law. Confidential Information shall not include information that becomes public through no fault of the receiving party.

Additional Confidentiality Terms:

Representations, Warranties & Indemnification

Each party represents and warrants that it has the authority to enter into this Agreement and that its performance will not infringe third-party rights. Agency warrants that Deliverables will be original and, except as disclosed, will not infringe third-party intellectual property rights.

Indemnification Scope / Limitations: Limitation of Liability Amount:

Insurance & Compliance

Insurance Requirements: Applicable Laws / Compliance Notes:

Assignment, Subcontracting & Notices

Assignment allowed with prior written consent of the other party.
Agency may subcontract portions of the work subject to Client's written approval. Notices Address for Client: Notices Address for Agency:

Governing Law & Dispute Resolution

This Agreement shall be governed by the laws of the state identified below without regard to its conflict of laws principles. The parties will seek to resolve disputes in good faith and may pursue binding arbitration if mutually agreed.

Governing Law (State/Country):

Miscellaneous

Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements and understandings. Amendments must be in writing and signed by both parties.

Additional Terms / Special Provisions:

Client / Brand:

By:

Date:

Agency / Creator:

By:

Date:

What a Marketing Procurement Agreement Covers

A Marketing Procurement Agreement is a written contract that defines procurement terms between a buyer (company) and a supplier or agency engaged to provide marketing goods or services. It sets scope of work, deliverables, pricing, payment schedule, change-order procedures, approval workflows, intellectual property allocation, confidentiality obligations and termination rights. The agreement helps reduce ambiguity about who provides creative assets, media buys, data access, usage rights, campaign schedules and acceptance criteria so procurement, legal, finance and marketing teams share a common reference during project execution.

Why formalizing procurement for marketing matters

A clear Marketing Procurement Agreement reduces scope disputes, aligns budget and timeline expectations, and creates an audit-ready record for approvals and payments. Ensuring the contract requires defined deliverables, royalty or license terms, acceptance testing and dispute resolution preserves project timelines and supports regulatory and tax documentation needs under ESIGN (15 U.S.C. ch. 96) and state e-signature laws.

Who prepares, reviews, and signs this agreement

Multiple teams commonly participate: marketing specifies deliverables, procurement or sourcing manages vendor terms, legal reviews risk and IP clauses, and finance controls payments.

Marketing stakeholders define scope, acceptance criteria, and deliverable schedule for campaigns or creative work.
Procurement negotiates pricing, commercial terms, indemnities and vendor performance obligations across contract lifecycle.
Legal and finance perform final review, add compliance clauses, and confirm invoicing and tax treatment.

Coordinating these roles in a single agreement reduces rework, speeds approvals, and creates a defensible record for audits and disputes.

Primary signatories and their roles

Procurement Manager

Typically negotiates price, payment terms, and SLA language. Ensures vendor selection aligns with company procurement policies and maintains purchase order linkage for accounting and audit trails; coordinates finance approval for budgeted spend.

Agency Director

Signs on behalf of the supplier to accept scope, delivery dates, and IP terms. Responsible for assigning project leads, subcontractor use, and ensuring deliverables meet acceptance criteria defined in the agreement.

Essential clauses to include in a professional agreement

A complete Marketing Procurement Agreement organizes responsibilities, money, timing and risk allocation into discrete, enforceable sections so each party knows obligations and remedies.

Scope of Work

Detailed description of services, deliverables, milestones, acceptance criteria and any asset specifications required for campaign execution and quality assurance.

Payment Terms

Fees, invoicing cadence, accepted expense categories, net payment days, late payment interest and conditions for withholding or setoff.

Intellectual Property

Allocation of ownership or license rights for creative, data, source files and campaign materials, including any post-contract usage rights.

Confidentiality

Non-disclosure obligations, permitted disclosures, duration of confidentiality and handling of proprietary or customer data.

Change Orders

Process for scope changes, written approvals required, pricing adjustments and timeline impacts to prevent scope creep.

Termination & Remedies

Termination for convenience and cause, cure periods, liability caps, indemnities and procedures for transition or wind-down of services.

Step-by-step completion and approval workflow

Follow a linear sequence to prepare, approve and execute the agreement to ensure timely campaign launches and valid records.

01

Draft SOW: Marketing drafts statement of work and budget details.
02

Commercial Review: Procurement negotiates price, milestones and payment schedule.
03

Legal Review: Legal confirms IP, indemnity, and compliance language.
04

Execution: Authorized signatories sign and date the final agreement.

Configuring the digital approval workflow

Set up an approval workflow that maps signing order and notifications to the teams involved to ensure correct routing and auditability.

Field	Configuration
Approval Order	Marketing > Procurement > Legal > Finance
Authentication	Email link with optional SMS code for high-value contracts
Conditional Fields	Show liability limits only for contracts over threshold
Notifications	Auto-reminders at 3 and 7 days for pending approvals

Where to send the finished agreement

After execution, route signed copies to stakeholders and retain a secure master for audit and payment reconciliation.

Procurement Records: Upload executed file to procurement repository for PO reconciliation.
Finance: Send signed agreement to accounts payable for invoice setup.
Legal Archive: Store a copy in legal document management for disputes.
Marketing Project: Share executed SOW with project leads and campaign managers.

Technical considerations for e-signing and delivery

Confirm supported file formats, integratable systems, and signer authentication methods before initiating e-signature workflows.

File formats: PDF, DOCX, HTML supported
Integrations: Salesforce, NetSuite, Google Workspace
Authentication: Email link, SMS code, SSO

Ensure the chosen e-signature provider supports audit trails, retention export and any required compliance (for example HIPAA BAA) while fitting your integration needs.

Common eSignature vendor comparison for contract execution

A concise feature-and-price snapshot for common eSignature vendors. signNow appears first and provider capabilities vary by plan and enterprise features.

	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 trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Key dates to define in the agreement

Specify concrete dates and relative triggers to avoid ambiguity around campaign start, deliverables and payment timing.

Effective Date:

Date the agreement and obligations begin (MM/DD/YYYY).

Campaign Start:

Date vendor must begin work or provide assets.

Deliverable Deadlines:

List milestone dates and acceptance windows per deliverable.

Invoice Submission:

When vendor may submit invoices for milestone payments.

Payment Due Date:

Net terms (for example Net 30) from invoice date.

Major milestones from procurement to campaign launch

A sequential milestone view helps teams track approvals and deployment steps leading up to campaign launch.

01

SOW Finalized

Define deliverables and acceptance tests before procurement sign-off.

02

Contract Executed

All authorized signatures complete and dated.

03

Assets Delivered

Agency provides final creative and required file formats.

04

Campaign Live

Media activates and reporting begins as specified.

Common mistakes to avoid when preparing this agreement

Vague deliverables: Leaving acceptance criteria undefined causes disputes and delayed payments when deliverables don't meet expectations.
Incomplete payment schedule: Omitting milestone amounts or triggers leads to invoicing disagreements and makes cash flow forecasting difficult.
Unclear IP terms: Failing to state whether creative is transferred or licensed can create post-termination licensing disputes.
Missing approval workflow: Not specifying who can approve invoices or change orders creates processing delays and unauthorized work.

Risks and potential legal consequences

Breach Damages: Monetary liability for failed delivery

Late Payment: Interest and vendor recovery costs

IP Loss: Unintended license grants or disputes

Regulatory Risk: Privacy noncompliance fines

Tax Penalties: Incorrect reporting risks IRC §6721 penalties

Contract Voidance: Procedural defects can jeopardize enforceability

Essential data fields to capture in the agreement

Party Names: Full legal entities

Addresses: Street, city, state, ZIP

Tax ID: EIN or SSN for payee

Payment Terms: Net terms and currency

Scope: Deliverable summary

Signatures: Name, title, date

Real-world examples of how organizations use these agreements

Sample use cases show practical outcomes when procurement, legal and marketing align contract terms with project needs.

Martin Properties (Founder)

Martin Properties standardized online execution to support remote closings and approvals.

The team needed consistent IP and deliverable rules.
Tim Martin said he could process and execute documents online with compliance and security, enabling efficient handoff and campaign launches without in-person steps.

Optica Ventures (COO)

Optica used a template to speed vendor onboarding and approvals.

They required a single SOW exhibit per campaign.
Brian Fitzgibbons observed the interface was easy to use for the team and customers, reducing administrative time while preserving contract clarity.

Frequently asked questions and practical answers

Common questions focus on enforceability, notarization, digital signature validity, and vendor capabilities. Clear answers help avoid execution and compliance errors.

Need help? Contact support

Is an electronic signature legally valid?
Yes. Electronic signatures are legally binding under the federal ESIGN Act (15 U.S.C. ch. 96) and in most states under UETA (1999) or equivalent statutes; exceptions like wills and certain court filings still require paper or special handling.
Do I need a notary for this agreement?
Generally no. Routine marketing procurement agreements do not require notarization, but specific state or transaction types may; use notarization when required for recordability or third-party acceptance.
Can I use remote online notarization (RON)?
Possibly. RON availability varies by state and has technical requirements like identity proofing and audio‑video recording; verify the target state's rules before relying on RON.
Does signNow support HIPAA and enterprise features?
signNow offers HIPAA-compliant arrangements with a Business Associate Agreement (BAA) and enterprise-tier controls; plan features vary by tier (Business, Business Premium, Enterprise, Site License).
How long should I keep signed agreements?
Retain executed contracts for the contract term plus at least three years for tax purposes; industry-specific rules apply (HIPAA six years, SEC and SOX longer) — consult counsel for specific obligations.
How do I correct an executed agreement?
Amendments should be documented in writing and signed by authorized parties. Avoid verbal modifications; use a written amendment or replacement agreement to preserve enforceability.

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