Is an electronic signature valid?

Yes. Electronic signatures are generally enforceable in the United States under the ESIGN Act and state UETA laws when intent, consent, attribution, and record retention are present; some narrow exceptions apply for wills and certain court orders.

When is notarization required?

Notarization is rarely required for commercial marketing agreements but may be necessary if the agreement includes sworn statements or is recorded; verify state notary rules where the agreement will be relied upon.

What authentication should I use?

Use email link plus optional SMS or knowledge-based verification for higher assurance; choose stronger authentication when the agreement controls access to sensitive data or high-value payments.

How do I change the agreement after signing?

Post-signature changes require a written amendment signed by all parties; avoid unilateral edits and preserve the original signed copy when making amendments to maintain an audit trail.

How do I cancel or revoke the agreement?

Follow the termination clause in the agreement. Revocation typically requires written notice and may trigger wind-down obligations; consult legal counsel for disputes or ambiguous termination language.

How long should I keep signed copies?

Retain the signed agreement for the term plus at least three years; industry rules such as HIPAA (six years) or tax record retention may require longer preservation.

Electronic Signature
Templates
Marketing
Marketing Search Agreement

Marketing Search Agreement

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

MARKETING SEARCH AGREEMENT

This Marketing Search Agreement (the Agreement) is entered into by and between:

Brand / Client: Client Address: Primary Client Contact (name, title, email/phone): Agency / Service Provider: Agency Address: Primary Agency Contact (name, title, email/phone):

Effective Date:

RECITALS

Client desires to retain Agency to develop, manage and optimize paid search, organic search, and related search marketing activities for the Campaign described below, and Agency has the expertise and resources to provide such services under the terms and conditions set forth in this Agreement.

CAMPAIGN OVERVIEW

Campaign Name: Campaign Objectives (measureable goals): Target Audience: Channels (search engines, platforms, formats):

DELIVERABLES & TIMELINE

Agency will provide the search marketing deliverables described below in accordance with the schedule and milestones set forth. Material changes to scope shall be treated as Change Orders under this Agreement.

Key Deliverables (list each deliverable, format, quantity): Delivery Schedule / Deadlines:

COMPENSATION & EXPENSES

Client shall pay Agency the fees and reimburse authorized expenses as set forth below. All amounts are stated in U.S. dollars unless otherwise indicated.

Base Fee: Payment Schedule (e.g., monthly, milestone): Authorized Media / Ad Spend Budget (if applicable): Reimbursable Expenses (approval required?): Invoices & Payment Terms (net days):

PERFORMANCE, REPORTING & KPIS

Key Performance Indicators (KPIs): Reporting Frequency and Deliverables:

USAGE RIGHTS & INTELLECTUAL PROPERTY

Subject to Client’s payment of all fees, Agency grants Client a non-exclusive, worldwide, transferable license to use final deliverables for the Campaign during the Term, unless otherwise specified below. Agency retains ownership of pre-existing methodologies, templates, trade secrets, and raw data.

Specify any deviations to standard IP allocation (if any): Territory for Usage Rights: License Duration:

FTC DISCLOSURE COMPLIANCE

Both parties acknowledge that any promotional content produced under this Agreement that is subject to endorsement disclosure rules must include clear and conspicuous disclosures identifying material connections between the parties and the sponsored nature of the content.

Compliance Acknowledgement: Agency and Client each warrant they will comply with applicable endorsement and disclosure obligations and will cooperate to ensure disclosures are presented properly in deliverables.

EXCLUSIVITY

Exclusivity: If checked, Client agrees not to engage other agencies or vendors to perform substantially similar search marketing services for the duration set below without prior written consent. If exclusivity is selected, specify scope and duration:

TERMINATION & KILL FEE

Term: This Agreement commences on the Effective Date and continues until completion of the Campaign or until terminated in accordance with this section.

Termination Notice Period (days): Kill Fee (if terminated without cause prior to completion):

Upon termination, Client shall pay Agency for all work performed and non-cancellable commitments incurred through the effective date of termination plus the kill fee specified above where applicable.

CONFIDENTIALITY & DATA HANDLING

Each party will maintain the confidentiality of the other party's proprietary information and will only use such information to perform obligations under this Agreement. Agency will maintain and return or destroy Client data upon request and will process personal data only in accordance with Client instructions and applicable law.

Data Handling Requirements / Restrictions:

INDEMNIFICATION & LIMITATION OF LIABILITY

Each party shall indemnify and hold harmless the other from third-party claims arising from its breach of representations, willful misconduct, or negligent acts in performance of this Agreement. Except for liability arising from gross negligence, willful misconduct, or confidentiality breaches, neither party's aggregate liability shall exceed the fees paid to Agency under this Agreement in the preceding six (6) months.

Liability Cap Amount (if different from default):

REPRESENTATIONS & WARRANTIES

Each party represents that it has full right and authority to enter into this Agreement and to perform its obligations. Agency represents that deliverables will not knowingly infringe third-party intellectual property rights and that it will comply with applicable advertising laws and platform policies.

GOVERNING LAW & DISPUTES

This Agreement shall be governed by the laws of the jurisdiction specified below, without regard to choice-of-law rules. The parties will attempt in good faith to resolve any dispute arising under this Agreement through negotiation and, if necessary, non-binding mediation prior to commencing litigation.

Governing Law Jurisdiction:

NOTICES

All notices required or permitted under this Agreement shall be in writing and sent to the contact details provided above, and shall be deemed given upon delivery by hand, reputable overnight courier, or three (3) business days after deposit in the mail with postage prepaid.

Additional Terms or Special Provisions:

By signing below, each party acknowledges and agrees that it has read and understood this Agreement, that it has the authority to bind the entity for which it signs, and that the terms set forth herein constitute the entire agreement between the parties with respect to the subject matter.

Brand / Client - Print Name:

By:

Date:

Agency / Service Provider - Print Name:

By:

Date:

What a Marketing Search Agreement Is and When It Applies

A Marketing Search Agreement is a contract that authorizes a marketing provider to conduct searches and collect information needed to identify target audiences, channels, or competitive positioning for a client’s campaign. It defines the scope of search work, fees, deliverables, timelines, data sources, confidentiality limits, and ownership of findings. The document helps set expectations for search methodology, permitted data use, reporting formats, and post-engagement obligations so both parties understand responsibilities and liability before work begins.

Why a Clear Marketing Search Agreement Matters

A clear agreement reduces scope disputes, clarifies fee structure, protects confidential inputs, and documents deliverables and timelines, making performance measurable and enforceable under contract law and electronic signature statutes.

Typical Parties and Roles That Use This Agreement

Use this agreement to document authority, scope, timelines, and confidentiality so approvals and payments follow a clear, auditable path.

Marketing agencies and consultants — define deliverables, methodology, and payment milestones for third-party or subcontracted searches.
In-house marketing teams — document vendor access to proprietary data and set internal review and acceptance criteria.
Procurement and legal teams — ensure contract terms align with company policies and data-handling requirements.

Core Elements to Include in a Professional Agreement

A complete Marketing Search Agreement combines scope, deliverables, timeline, fees, data use rules, and remedies into a single document so responsibilities and outcomes are explicit and measurable.

Scope

Describe exactly what searches and data sources are authorized, including limits on geographic or platform coverage and excluded activities.

Deliverables

List format and frequency of reports, required templates, raw data exports versus summarized findings, and acceptance criteria for each deliverable.

Timeline

Specify start and end dates, milestone dates for interim reports, revision windows, and consequences for missed milestones.

Fees

State fixed fees or hourly rates, payment schedule, invoicing requirements, and handling of out-of-scope work or expense reimbursements.

Data Use

Define permitted use, retention, anonymization requirements, restrictions on resale, and any data-subject privacy obligations.

Confidentiality

Include nondisclosure provisions, exceptions for public information, procedures for compelled disclosure, and return or destruction obligations.

Step-by-Step: Fill Out and Execute a Marketing Search Agreement

Complete the agreement in logical order to minimize revisions: identify parties, confirm scope, set fees, attach exhibits, then sign.

01

Identify Parties: Enter full legal names and contacts for contracting parties.
02

Define Scope: List tasks, deliverables, and excluded activities clearly.
03

Set Payment Terms: Specify amounts, schedule, and invoicing instructions.
04

Finalize Signatures: Add signer roles, sign, and date the signature block.

How to Configure an Online Completion Workflow

Set up an eSignature workflow that enforces signer order, authentication, and automated reminders.

Field	Configuration
Signer Order	Specify sequential or parallel signing as needed.
Authentication	Use email link or SMS code; add KBA for higher assurance.
Required Fields	Mark names, signature, date, and payment fields as mandatory.
Notifications	Enable reminder cadence and completion confirmations.

Digital Signing and eSubmission Considerations

Ensure the eSignature provider supports ESIGN and UETA compliance, secure storage, and the required export formats for your records.

Authentication: Email, SMS, or stronger KBA
Audit Trail: Timestamps, IP, and action logs
File Types: PDF, DOCX, and editable templates

Typical Online Execution Flow

A standard e-sign workflow moves the document from sender setup to final archival while capturing an audit trail at each step.

Upload Document: Sender uploads agreement file to the platform.
Place Fields: Add signature, initials, date, and custom fields.
Invite Signers: Enter emails or generate signing links.
Complete and Archive: Signers finish, then signed copy and audit trail saved.

Common Dates and Deadlines to Build Into the Agreement

Include concrete dates and response windows to limit ambiguity and enable automatic reminders in digital workflows.

Effective Date:

Date work begins and clock for milestones starts.

Interim Deliverables:

Specify dates for draft and final reports.

Revision Window:

State how long client has to request revisions.

Payment Due:

Define net terms, e.g., Net 30 after invoice.

Termination Notice:

Number of days required for contract termination.

Key Milestones From Engagement to Closeout

Track milestones as a numbered sequence so responsibilities and timing are visible to all stakeholders.

01

Agreement Signing

Finalize contract and capture electronic signatures.

02

Kickoff Call

Align on scope, access, and data sources.

03

Interim Deliverable

Submit preliminary findings for client review.

04

Final Report

Deliver final search results and exit summary.

Common Preparation Mistakes to Avoid

Vague scope descriptions that create differing expectations and lead to scope-creep disputes or unpaid additional work.
Missing explicit data-use restrictions, which can result in unauthorized resale of client data or privacy violations.
Unclear payment terms or milestone definitions, causing late payments and strained client–vendor relationships.
Failure to set acceptance criteria for deliverables, making it hard to objectively determine whether the work meets contract requirements.

Risks and Potential Consequences of Errors

Contract Dispute: Delayed payments and potential litigation

Data Misuse: Regulatory fines or client liability

Tax Reporting: Backup withholding or 1099 issues

Breach Claims: Damages and remediation costs

Noncompliance: HIPAA or sector penalties

Reputational: Loss of future business

eSignature Pricing Comparison Relevant to This Agreement

Pricing and feature tiers vary across providers. Below is a concise vendor comparison with signNow listed first for easy reference.

	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	Varied	Varied	Varied	Varied
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Security and Compliance Elements for Electronic Execution

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest

Certifications: SOC 2 Type II and ISO 27001

Privacy: GDPR and CCPA controls available

HIPAA: BAA required for PHI handling

21 CFR Part 11: Controls for FDA-regulated records

Accessibility: WCAG 2.0 Level AA compliance

Real-World Examples of Use

Below are two anonymized examples showing how organizations applied similar agreements to practical search and discovery projects.

Optica Ventures LLC

The team needed fast vendor onboarding for market discovery and required remote signatures and secure storage.

This reduced turnaround for campaign planning.
The agreement clarified deliverables and enabled repeatable procurement while ensuring audit-ready records for compliance and billing reconciliation.

Martin Properties

A property marketing firm required competitive search reports for new listings and remote client approvals.

Mobile signing was essential on site.
Using a clear agreement with scope and timelines allowed faster listing launches, consistent reporting, and fewer payment disputes with agents and vendors.

Practical Tips for Accurate and Efficient Completion

Adopt these practices to reduce errors, speed execution, and maintain compliance when using the agreement.

Be Specific About Scope

Define search parameters, data sources, and deliverable formats in granular detail to limit disputes and reduce change orders; attach exhibits when necessary to clarify expectations and reporting templates.

Use Clear Acceptance Criteria

Include measurable acceptance tests for each deliverable such as sample size, format, or data fields to avoid subjective rejections and shorten review cycles between client and provider.

Enable Electronic Signing

Use an ESIGN/UETA-capable provider to capture intent, attribution, and audit trails; require signer contact details and authentication appropriate to the transaction risk.

Preserve Records

Store signed agreements, invoices, and deliverables in a secure archive with retention policies tied to tax, HIPAA, or industry rules to comply with audit obligations.

Frequently Asked Questions About the Marketing Search Agreement

Answers to common questions about enforceability, eSignature use, notary needs, and post-signature handling for the agreement.

Need help? Contact support

Is an electronic signature valid?
Yes. Electronic signatures are generally enforceable in the United States under the ESIGN Act and state UETA laws when intent, consent, attribution, and record retention are present; some narrow exceptions apply for wills and certain court orders.
When is notarization required?
Notarization is rarely required for commercial marketing agreements but may be necessary if the agreement includes sworn statements or is recorded; verify state notary rules where the agreement will be relied upon.
What authentication should I use?
Use email link plus optional SMS or knowledge-based verification for higher assurance; choose stronger authentication when the agreement controls access to sensitive data or high-value payments.
How do I change the agreement after signing?
Post-signature changes require a written amendment signed by all parties; avoid unilateral edits and preserve the original signed copy when making amendments to maintain an audit trail.
How do I cancel or revoke the agreement?
Follow the termination clause in the agreement. Revocation typically requires written notice and may trigger wind-down obligations; consult legal counsel for disputes or ambiguous termination language.
How long should I keep signed copies?
Retain the signed agreement for the term plus at least three years; industry rules such as HIPAA (six years) or tax record retention may require longer preservation.

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