Are electronic signatures valid?

Yes. Electronic signatures are legally valid in the U.S. under the ESIGN Act (15 U.S.C. §7001) and state UETA laws where applicable, provided intent, consent, attribution, and retention conditions are met.

When is a wet-ink signature needed?

Certain instruments and narrow exceptions still require paper or notarization (for example, some deeds or court filings). Consult the governing state's rules or transaction counsel before relying on electronic execution.

What authentication strength is appropriate?

Use stronger signer authentication for high-value contracts or sensitive data transfers (email+SMS, identity verification). Align authentication with your internal risk assessment and any regulatory obligations.

How do we handle data privacy obligations?

Include data processing terms, purpose limitations, and retention controls. If handling consumer data subject to CCPA or other laws, ensure the agreement documents lawful bases and vendor responsibilities.

What if the campaign underdelivers?

The agreement should provide remediation steps such as credits, reallocation of budget, or termination rights tied to defined KPIs and third-party verification outcomes.

Who should sign on behalf of an entity?

Only an authorized representative with corporate authority should sign. Verify signer authority in your procurement or signature authorization policy to avoid enforceability issues.

Electronic Signature
Templates
Marketing
Marketing Programmatic Agreement

Marketing Programmatic Agreement

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

MARKETING PROGRAMMATIC AGREEMENT

This Marketing Programmatic Agreement ("Agreement") is entered into as of Effective Date below by and between the parties identified herein for the planning, purchase, and management of programmatic digital advertising and related creative and data services.

Parties

Brand / Client Brand Address

Brand Entity Type Corporation LLC Individual

Agency / Programmatic Partner Agency Address

Agency Entity Type Corporation LLC Independent Contractor

Effective Date:

Recitals & Definitions

WHEREAS, Brand seeks programmatic advertising services for the Campaign described below; and WHEREAS, Agency provides programmatic media planning, buying, optimization and reporting services; the parties agree to the terms set forth below.

Definitions in this Agreement:

Campaign Summary

Campaign Name Objectives Target Audience Channels / Inventory

Campaign Term: Start: — End:

Deliverables & Creative

Deliverables (items, formats, quantities, deadlines) Creative Delivery & Approval Lead Times

Programmatic Buying, Targeting & Optimization

Agency will execute programmatic buys using industry standard demand-side platforms (DSPs) and will optimize toward the KPIs set forth. Targeting parameters:

Third-party data and pixel usage: Agency is authorized to deploy tracking pixels and use matching or deterministic data consistent with applicable privacy laws. Any use of first-party consumer data must be identified and the Brand must confirm lawful basis where required.

Reporting & Metrics

Reporting Frequency

Weekly Bi-weekly Monthly

Primary KPIs / Attribution Model

Compensation & Payment

Media Budget (gross): $

Agency Fee / Commission Payment Schedule

Net 30 Net 45 Prepayment required

Additional Costs: Advertiser is responsible for third-party data fees, ad server fees, and platform markup unless otherwise agreed in writing. Agency will provide itemized invoices identifying passthrough costs.

Usage Rights & Intellectual Property

Creative Ownership: Brand retains ownership of Brand-supplied assets. Agency and Creator retain ownership of pre-existing proprietary tools and methodologies. Unless otherwise set forth, Brand is granted a limited, non-exclusive, worldwide license to use Agency-created creative for the Campaign Term and for the duration specified below.

License Territory License Duration

Exclusive Non-exclusive

FTC Disclosure Compliance

The parties acknowledge and agree that any paid or sponsored content must comply with advertising disclosure obligations. Agency shall require that all influencer or native creative contain clear and conspicuous disclosures identifying the material connection to the Brand where required by applicable marketing and consumer protection law.

Brand acknowledges disclosure obligations
Agency will require disclosures from partners and creators

Exclusivity

During the Campaign Term, Brand:

Grants Agency exclusive programmatic rights for specified categories No exclusivity (Agency permitted to run other Brand campaigns)

Exclusivity Period (if applicable)

Termination & Kill Fee

Either party may terminate this Agreement for convenience upon written notice to the other party with the notice period set below. In the event of termination for convenience by Brand after Agency has ordered or committed to media or third-party services, Brand will be responsible for a kill fee equal to the greater of (i) actual non-cancellable commitments incurred prior to termination or (ii) the amount specified below.

Notice Period (days) Kill Fee Amount

Confidentiality, Data & Privacy

Each party shall treat the other party's Confidential Information as confidential and shall not disclose or use such information except as necessary to perform its obligations hereunder. Data collected in the course of the Campaign shall be processed in accordance with applicable data protection laws and used only as authorized by the parties.

Data Use Description

Brand consents to sharing hashed identifiers and pixel data with Agency

Indemnification & Liability

Each party shall indemnify and hold harmless the other party from third-party claims arising from the indemnifying party's breach of this Agreement, negligence, or willful misconduct. Except for breaches of confidentiality, indemnification obligations, or willful misconduct, neither party's aggregate liability for direct damages shall exceed the total fees paid to Agency under this Agreement during the twelve (12) month period preceding the claim.

Representations, Warranties & Compliance

Each party represents and warrants that it has the full right and authority to enter into this Agreement and to grant the rights set forth herein. Agency warrants that it will perform services in a commercially reasonable manner consistent with industry standards and applicable law.

Governing Law & Dispute Resolution

Governing State / Jurisdiction

The parties will attempt to resolve disputes in good faith by negotiation and, if unresolved, through mediation prior to commencing litigation, except where injunctive relief is necessary.

Notices

Notice Address for Brand Notice Address for Agency

Miscellaneous

Force Majeure: Neither party shall be liable for delays or failures due to causes beyond its reasonable control. Entire Agreement: This Agreement, together with any attachments and statements of work executed by the parties, constitutes the entire agreement and supersedes prior agreements relating to the Campaign.

Attachments / Statements of Work

Brand / Client:

By:

Date:

Agency / Programmatic Partner:

By:

Date:

Overview of the Marketing Programmatic Agreement

A Marketing Programmatic Agreement is a written contract that sets the terms for automated digital advertising transactions driven by programmatic platforms (DSPs, SSPs, ad exchanges). It defines campaign scope, inventory access, targeting rules, data usage, reporting and payment terms, fraud and brand-safety controls, and liability allocation. The document clarifies operational responsibilities between advertisers, agencies, technology vendors, and publishers and is used to reduce disputes, ensure compliance with privacy rules, and document performance and billing expectations for programmatic buys.

Why this agreement matters for programmatic campaigns

A clear Marketing Programmatic Agreement reduces ambiguity around data use, inventory quality, KPIs, and billing, and helps allocate operational and legal risk between parties.

Who typically prepares and signs this agreement

The agreement is used by commercial parties that run or enable programmatic advertising.

Advertisers and marketing teams — define campaign objectives, budgets, and acceptable inventory.
Agencies and media buyers — manage DSP/SSP connections, targeting logic and reconciliation.
Publishers and ad tech vendors — describe inventory delivery, measurement, and technical requirements.

Properly completed agreements speed campaign launch, simplify billing reconciliation, and provide a documented basis for remediation if delivery or policy issues arise.

Core sections to include in a professional agreement

A robust Marketing Programmatic Agreement groups commercial, technical, operational, and legal terms so parties can implement campaigns predictably and audit performance as agreed.

Scope of Services

Define campaign objectives, flight dates, geographic targets, inventory types, and permitted publishers or exchanges to avoid scope creep and misaligned expectations.

Data Use & Privacy

Specify permitted data collection, audience targeting, PII handling, controllers/processors roles, and responsibilities for compliance with CCPA and other privacy laws.

Inventory & Quality

Describe inventory types, brand-safety standards, fraud mitigation measures, and procedures for disputed impressions or invalid traffic.

Measurement & Reporting

Detail required KPIs, reporting cadence, metrics definitions, third-party verification, and reconciliation processes for impressions and conversions.

Billing & Reconciliation

State invoicing schedule, payment terms, dispute resolution for billing discrepancies, and allowable credits or withholds for underdelivery.

Liability & Termination

Allocate indemnities, caps on liability, termination rights for material breach, and post-termination obligations for data deletion or transition.

Required information and primary data elements

Advertiser ID: Company tax or legal identifier

Contracting Parties: Legal name and entity type

Campaign Dates: Start and end dates

Budget Terms: Total spend and pacing rules

KPIs: Primary performance metrics

Signature Details: Signer name, title, date

Step-by-step: completing the agreement

Follow these steps in order to prepare, approve, and execute a Marketing Programmatic Agreement efficiently.

01

Draft Terms: Populate scope, dates, budget and measurement clauses.
02

Review Privacy: Confirm lawful data uses and include required consumer disclosures, if applicable.
03

Technical Appendix: Attach DSP/SSP integration details and tags.
04

Sign and Archive: Obtain authorized signatures and retain an executed copy for records.

Customizing and automating the agreement online

Set up a reusable template with conditional fields and signer routing to reduce manual edits and automate approvals.

Template Name	Create a template per campaign type for reuse.
Signer Order	Specify sequential or parallel signing as needed.
Authentication	Choose email, SMS code, or stronger methods.
Conditional Fields	Show clauses only when relevant to the campaign.
Integrations	Map fields to CRM or billing systems for automation.

Where to send and how routing typically works

Routing should reflect roles: legal/finance for approval, operations for launch, and technical teams for tag deployment.

Legal Review: Send draft to counsel for indemnity and compliance checks.
Finance Approval: Obtain budget sign-off and billing contact details.
Operations Handoff: Provide DSP/SSP credentials and technical appendix.
Final Signature: Collect authorized e-signatures and distribute executed copies.

Digital signing and technical delivery considerations

Electronic signing accelerates execution and preserves an auditable record when done with compliant platforms and appropriate authentication.

Document Formats: PDF, DOCX and HTML accepted
Integrations: Connect with Salesforce, NetSuite, Google Workspace
Security: TLS and AES encryption; audit trail

Key timings, deadlines, and expectations

Track contractual and operational deadlines to avoid launch delays and billing disputes.

Negotiation Window:

Allow 5–15 business days for internal reviews

Campaign Start:

Confirm creative and tags at least 3 business days prior

Invoicing Cycle:

Net 30 is common; confirm billing date

Reporting Cadence:

Weekly or daily delivery by agreement

Renewal Notice:

30–60 days' written notice for automatic renewals

Common mistakes to avoid when preparing this agreement

Failing to define data ownership and permitted uses, which complicates compliance and re-use across campaigns.
Using vague KPI language without measurement methodology, leading to disputes over delivery and credits.
Omitting fraud and invalid traffic remedies, which leaves advertisers without contractual recourse for wasted spend.
Not aligning invoicing terms with measurement and reconciliation processes, which creates billing disputes and payment delays.

Primary risks and potential legal consequences

Breach Liability: Damages and indemnity claims

Regulatory Fines: Privacy violations and penalties

Data Breach Costs: Forensics, notice, remediation

Payment Disputes: Withheld or delayed invoices

Campaign Losses: Wasted ad spend and lost ROI

Tax Reporting: Misstated vendor payments

Real‑world scenarios illustrating contract use

Two concise examples show common ways parties use programmatic agreements to reduce risk and speed campaign launches.

Brand Advertiser Case

A national advertiser required clear KPIs and fraud remedies to protect spend

Parties agreed to third-party verification and crediting rules
The documented process reduced reconciliation disputes, accelerated payments, and provided a contractual basis for credits when invalid traffic was detected.

Publisher Partnership Case

A publisher negotiated inventory and data-sharing terms with a DSP to permit private marketplace deals

The agreement defined allowed uses of first‑party signals
Clear usage limits and reporting obligations enabled scalable private marketplace integration with fewer legal reviews.

Practical tips for accurate, efficient completion

Apply these practices to speed approvals and reduce downstream disputes.

Standardize Templates

Use pre-approved templates for common campaign types to reduce legal review time and ensure consistent treatment of key terms like data rights and billing.

Define Metrics Precisely

Include measurement methods and third-party verification to avoid differing interpretations of impressions, clicks, or conversions.

Align Billing With Metrics

Match invoicing cycles to reporting frequency and reconciliation processes to minimize payment disputes and speed resolution.

Document Change Control

Require written amendments for scope or budget changes to prevent oral modifications and preserve audit trails.

eSignature vendor comparison for executing Marketing Programmatic Agreements

Compare basic price and common capabilities for electronic execution platforms; signNow is listed first per vendor comparison standards.

	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	Varies	Varies	Varies
Bulk Send	Yes (Business Premium)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently asked questions about Marketing Programmatic Agreements

Answers to common legal, operational, and signing questions that arise when creating or executing programmatic contracts.

Need help? Contact support

Are electronic signatures valid?
Yes. Electronic signatures are legally valid in the U.S. under the ESIGN Act (15 U.S.C. §7001) and state UETA laws where applicable, provided intent, consent, attribution, and retention conditions are met.
When is a wet-ink signature needed?
Certain instruments and narrow exceptions still require paper or notarization (for example, some deeds or court filings). Consult the governing state's rules or transaction counsel before relying on electronic execution.
What authentication strength is appropriate?
Use stronger signer authentication for high-value contracts or sensitive data transfers (email+SMS, identity verification). Align authentication with your internal risk assessment and any regulatory obligations.
How do we handle data privacy obligations?
Include data processing terms, purpose limitations, and retention controls. If handling consumer data subject to CCPA or other laws, ensure the agreement documents lawful bases and vendor responsibilities.
What if the campaign underdelivers?
The agreement should provide remediation steps such as credits, reallocation of budget, or termination rights tied to defined KPIs and third-party verification outcomes.
Who should sign on behalf of an entity?
Only an authorized representative with corporate authority should sign. Verify signer authority in your procurement or signature authorization policy to avoid enforceability issues.

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