Can this agreement be signed electronically?

Yes. Electronic signatures are enforceable under the federal ESIGN Act (15 U.S.C. §7001) and by UETA in most states, provided the signature satisfies intent, consent, attribution, and retention requirements.

Do I need a BAA for health-related audiences?

If shared data could be considered protected health information, include a HIPAA business associate agreement. HIPAA requires BAAs when a vendor handles PHI (45 CFR parts 160–164).

Who must obtain user consent?

The party collecting the data typically secures consent; the agreement should state which party is responsible for obtaining and documenting consent and how proof of consent is shared.

What happens at contract termination?

Specify data deletion or return obligations, a retention period for audit purposes, and any residual use restrictions to ensure compliant wind-down.

Are notarization or witnesses required?

Notarization is rarely required for commercial marketing agreements, but state-specific rules may apply for certain acknowledgements; include notarization only when a jurisdiction or counterparty requires it.

How do I handle cross-border data transfers?

Address international transfers explicitly, reference appropriate legal mechanisms, and align with privacy laws such as GDPR if EU data subjects are involved.

Electronic Signature
Templates
Miscellaneous
Marketing Remarketing Agreement

Marketing Remarketing Agreement

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

MARKETING REMARKETING AGREEMENT

This Marketing Remarketing Agreement (the Agreement) is entered into by and between Client Name: and Marketing Agency Name: .

Client Address Agency Address

RECITALS

WHEREAS, Client operates a business engaged in the provision of goods and/or services and desires to solicit, re-engage and convert previously engaged website visitors and prospective customers using targeted remarketing campaigns; and

WHEREAS, Agency specializes in digital marketing services, including the design, execution and optimization of remarketing campaigns across display, social, and programmatic channels, and has the expertise and personnel to perform the services described herein; and

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below, the parties agree as follows:

SCOPE OF WORK

Services to Be Provided

PAYMENT TERMS

Total Fee: Billing Contact:

Payment Schedule and Invoicing

Late Payment Fee: % per month on overdue amounts after days from invoice date.

TERM AND TERMINATION

Term Commencement: Term Expiration:

Either party may terminate this Agreement without cause upon written notice to the other party delivered at least days prior to the effective termination date. For material breach, the non-breaching party may terminate if the breach is not cured within days after written notice specifying the breach.

CONFIDENTIALITY

Each party acknowledges that it may receive Confidential Information of the other party. "Confidential Information" includes business and marketing plans, customer lists, campaign performance data, tracking identifiers and any non-public information designated as confidential. The receiving party shall (i) hold Confidential Information in strict confidence; (ii) use it solely to perform obligations under this Agreement; and (iii) restrict access to employees and contractors who have a need to know and are bound to confidentiality obligations no less protective than those herein.

Confidentiality Term: Confidentiality obligations survive termination for a period of years, except for trade secrets which shall remain protected for as long as they qualify as trade secrets under applicable law.

INTELLECTUAL PROPERTY; DATA

Ownership of Pre-Existing Materials: Each party retains all rights in materials it owned prior to this Agreement. Agency materials and tools developed independently and not specifically created for Client remain Agency's sole property.

Deliverables and License: Upon full payment, Agency grants Client a worldwide, non-exclusive, perpetual license to use the final campaign creative and deliverables produced specifically for Client under this Agreement for Client's business purposes. Agency may retain copies for archival and portfolio purposes, subject to confidentiality obligations.

Data and Tracking: Client acknowledges and approves Agency placing and maintaining tracking pixels, cookies and similar technologies on Client-owned properties as necessary for remarketing. Client represents it has authority to place such tracking and to share aggregated performance data with Agency. Ownership of raw user-level personal data remains with Client; Agency's access to such data is limited to performance optimization and is governed by confidentiality and applicable privacy laws.

COMPLIANCE AND PRIVACY

Each party shall comply with applicable data protection and consumer privacy laws in performance of this Agreement. Agency shall implement reasonable technical and organizational measures to protect personal data processed on behalf of Client and shall process such data only on documented instructions from Client.

INDEMNIFICATION; LIMITATION OF LIABILITY

Indemnification: Each party shall indemnify, defend and hold harmless the other party from and against third-party claims arising from its breach of representations, gross negligence, willful misconduct, or violation of law in connection with the performance of this Agreement.

Limitation of Liability: Except for a party's indemnification obligations, intentional misconduct, or infringement of the other's intellectual property rights, neither party's aggregate liability for any claim arising under this Agreement shall exceed the total fees paid by Client to Agency in the six (6) months preceding the event giving rise to liability.

REPRESENTATIONS; WARRANTIES

Each party represents that it has the full right, power and authority to enter into this Agreement and to perform its obligations hereunder. Agency warrants that services will be performed in a professional manner consistent with industry standards; except as expressly stated, Agency makes no other warranties, express or implied.

MISCELLANEOUS

Assignment: Neither party may assign this Agreement without the prior written consent of the other party, except that Agency may assign to an affiliate or in connection with a sale of substantially all of its business assets.

Amendment: No amendment or modification of this Agreement shall be effective unless in writing and signed by authorized representatives of both parties.

Severability: If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.

Governing Law

Entire Agreement: This Agreement, including all scopes of work and attachments executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior and contemporaneous agreements, proposals, or communications, whether written or oral.

Client:

By:

Date:

Agency:

By:

Date:

What a Marketing Remarketing Agreement Covers

A Marketing Remarketing Agreement is a contract between a marketer and a publisher, platform, or advertising partner that governs the use of first- or third-party audience data for remarketing campaigns. It defines permitted uses of cookies, pixels, hashed identifiers, or CRM-derived segments; data handling and retention rules; consent and opt-out obligations; performance measurement and attribution; and commercial terms such as fees, measurement credits, and liability allocation. The agreement also allocates responsibilities for compliance with consumer privacy laws, data security, and any platform-specific policies that affect how audiences may be matched, uploaded, or appended for targeted advertising.

Why a Clear Agreement Matters for Remarketing

A written Marketing Remarketing Agreement reduces legal and operational risk by specifying who controls data, how consent is obtained, and which security controls apply. It helps align marketing, legal, and engineering teams on permitted processing and measurement methods while clarifying commercial terms.

Typical parties that prepare or sign this agreement

Marketers, advertising platforms, publishers, data processors, and agencies commonly use these agreements to document rights and responsibilities.

Brands and marketing teams that control customer lists and want to instruct partners how to use those lists for retargeting.
Digital advertising platforms and SSPs that receive audience data for matching and delivery.
Agencies and programmatic vendors managing audience onboarding, campaign execution, or attribution for clients.

Clear role definitions in the contract streamline campaign setup, reduce disputes, and speed compliance reviews across teams.

Who signs and authorizes this agreement

Authorized Signatory

An officer or contract manager with authority to bind the business should sign on behalf of the client. This signer should be listed by name, title, and business entity and have documented signature authority in company records.

Vendor Representative

A vendor or platform contract representative with authority to accept commercial and technical terms signs for the provider; include billing contact and technical integration lead for operational follow-up.

Core clauses to include in a professional Marketing Remarketing Agreement

A complete agreement balances commercial terms, data handling, and compliance obligations. The items below form the baseline structure for a well-drafted remarketing contract.

Scope of Use

Defines permitted marketing uses, prohibited activities (re-identification, sensitive categories), and any channel, geography, or vertical limitations.

Data Types & Sources

Specifies which identifiers (email hash, mobile ad ID, cookie/pixel data, CRM attributes) are shared and whether third-party sources or enhancement services will be used.

Consent & Legal Basis

Documents who is responsible for collecting user consent and for honoring opt-outs consistent with applicable law and platform policy.

Security & Access Controls

Sets encryption, access restrictions, incident notification timeframes, and audit support obligations for both parties.

Measurement & Reporting

Defines permitted measurement endpoints, attribution windows, accepted metrics, and data retention for analytics.

Liability & Indemnities

Allocates risk for data breaches, regulatory fines, and third-party claims; includes caps and exclusions as appropriate.

Step-by-step: completing and executing the Marketing Remarketing Agreement

Follow these steps in sequence to prepare, review, and execute the agreement with minimal rework.

01

Drafting: Populate parties, scope, data elements, and term.
02

Internal Review: Legal and privacy teams confirm consent language and risk allocation.
03

Technical Review: Engineering verifies data schema, encryption, and transfer methods.
04

Execution: Authorized signatories sign electronically or by notarized wet signature if required.

How to configure the onboarding workflow for remarketing data

Configure operational settings to reflect contractual obligations when launching audience transfers or pixel implementations.

Field	Configuration
Consent Check	Enforce consent flag on data import
Hashing Standard	Use SHA-256 for email hashing
Transfer Method	SFTP or API with TLS 1.2+
Retention Setting	Auto-delete after agreed retention period

Operational flow: from data collection to campaign activation

The lifecycle below describes typical handoffs and where contractual responsibilities apply.

Collect: Acquire consented identifiers during user interaction.
Hash & Transfer: Hash identifiers and transmit via secure channel.
Match: Platform matches hashed IDs to ad IDs or cookies.
Activate: Deliver tailored ads within agreed measurement windows.

Technical and platform requirements for lawful remarketing

Confirm integrations (CRM, CDP, ad platform) and keep a documented list of vendor sub-processors and their security certifications.

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest.
Access Controls: Role-based access and audit logging for dataset access.
Audit Trail: Maintain logs of data transfers and match operations.

Security and compliance controls typically required

Encryption: TLS 1.2/1.3 & AES-256 at rest

Audit Trail: Detailed signing and transfer logs

Access Control: Role-based permissions

BAA Availability: HIPAA BAA offered when required

Standards: SOC 2 Type II and ISO 27001

Authentication: Multi-factor and optional KBA

Key legal and financial risks of a defective agreement

Tax Penalties: 1099 late penalty $60–$330 per form

Intentional Disregard: $660+ per form, no cap

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

HIPAA Fines: Civil monetary penalties per 45 CFR

Data Breach: Regulatory fines and remediation costs

Contract Disputes: Damages, injunctive relief, and reputational harm

Common mistakes to avoid when preparing the agreement

Vague purpose language that permits broad re-use of audience data without limits.
Failure to document who collects and maintains user consent or how opt-outs are propagated.
Incomplete technical specifications for hashing, matching, or transfer methods causing integration delays.
Omitting retention or deletion obligations for matched audience lists, leading to compliance gaps.

Timing considerations and deadlines to include

Specify deliverables, campaign windows, and compliance deadlines to reduce disputes and ensure timely execution.

Effective Date:

MM/DD/YYYY format; starts contractual obligations

Data Onboarding Deadline:

Date when first audience transfer must be complete

Retention Review:

Periodic review date for data deletion and audit

Breach Notification:

Require notification within 72 hours of discovery

Performance Reporting:

Monthly or quarterly reporting cadence

Representative eSignature vendor pricing and capability comparison

Basic pricing and capability snapshots for common eSignature vendors. Placeholders reflect common plan entry points and feature availability for contract execution workflows.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
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 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Real examples of how organizations use remarketing agreements

Two practical scenarios illustrate how the document controls risk and operations.

Optica Ventures (Advertising)

A mid-sized ad buyer standardizes hashing and consent checks across campaigns to reduce integration errors.

The technical team enforces SHA-256 hashing during upload.
This reduced match-failure troubleshooting and clarified audit obligations for both buyer and publisher, making audits faster and reducing legal review cycles.

Fertility Centers (Healthcare)

A healthcare provider uses a BAA and strict data minimization clause to permit safe remarketing for patient education.

Vendor signs a BAA and limits usage to non-sensitive outreach.
The arrangement preserved patient confidentiality, kept communications within permitted channels, and satisfied HIPAA auditors during routine review.

Practical tips for accurate and efficient completion

Use these operational practices to reduce errors and accelerate execution of remarketing agreements.

Centralize templates

Keep a single approved template and track revisions so all campaign teams use the same language and data controls.

Pre-approve technical specs

Lock hashing, transfer method, and retention settings before contract execution to avoid rework.

Map consent flows

Document where and how consent is captured and how opt-outs are propagated to partners.

Use versioning

Include version and effective date in the header to avoid ambiguity about applicable terms.

Frequently asked questions about Marketing Remarketing Agreements

Practical answers to common questions encountered during drafting, signing, and compliance reviews.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are enforceable under the federal ESIGN Act (15 U.S.C. §7001) and by UETA in most states, provided the signature satisfies intent, consent, attribution, and retention requirements.
Do I need a BAA for health-related audiences?
If shared data could be considered protected health information, include a HIPAA business associate agreement. HIPAA requires BAAs when a vendor handles PHI (45 CFR parts 160–164).
Who must obtain user consent?
The party collecting the data typically secures consent; the agreement should state which party is responsible for obtaining and documenting consent and how proof of consent is shared.
What happens at contract termination?
Specify data deletion or return obligations, a retention period for audit purposes, and any residual use restrictions to ensure compliant wind-down.
Are notarization or witnesses required?
Notarization is rarely required for commercial marketing agreements, but state-specific rules may apply for certain acknowledgements; include notarization only when a jurisdiction or counterparty requires it.
How do I handle cross-border data transfers?
Address international transfers explicitly, reference appropriate legal mechanisms, and align with privacy laws such as GDPR if EU data subjects are involved.

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