Can this be signed electronically?

Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96) and state UETA laws in most jurisdictions. To be enforceable, the transaction must show signer intent, consent to electronic records, attribution, and reliable retention.

Do I need a notary or witnesses?

Not typically. Most marketing agreements do not require notarization or witnesses, but certain instruments—real estate conveyances, wills, powers of attorney, and some state-specific forms—do. If notarization is needed, consider remote online notarization where permitted and verify state notary rules.

Which fields are essential in the form?

Essential fields include full legal names, business entity details, effective date (MM/DD/YYYY), detailed scope of work, payment terms, IP assignment clause, data access permissions, governing law, and clearly labeled signature blocks with printed name and date.

How should HIPAA be handled?

If marketing uses protected health information, include a Business Associate Agreement (BAA), limit PHI access, define permitted uses, and specify retention and breach notification procedures. Ensure workflows meet 45 CFR §164.530(j) retention rules and obtain patient consent where required.

Are eSigns enforceable across states?

Yes. ESIGN provides federal recognition of eSignatures for interstate commerce (15 U.S.C. ch. 96) and most states have adopted UETA. Check state exceptions; certain probate, family law, or court filing categories may require wet signatures or specific procedures.

How long should I keep signed copies?

Retain signed agreements for the contract term plus at least three years. For tax or financial matters follow IRS guidance (IRC §6501(a)); healthcare records follow HIPAA six-year retention (45 CFR §164.530(j)). State law may require longer retention.

Electronic Signature
Templates
Marketing
Marketing Shopify Agreement

Marketing Shopify Agreement

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

MARKETING SHOPIFY AGREEMENT

This Marketing Shopify Agreement ("Agreement") is made effective as of by and between Client Name: and Agency Name: .

RECITALS

Client operates a Shopify store and seeks marketing and promotional services specifically adapted to Shopify platform storefronts, checkout flows, paid and organic acquisition channels, and on-site merchandising. Agency represents that it has experience performing such services and agrees to furnish the services described herein under the terms of this Agreement.

DEFINITIONS

"Campaign" means the marketing program defined below. "Deliverables" means the items and assets to be created and delivered. "Shopify Store" means Client's online storefront operating on the Shopify platform identified in the Notices section.

CAMPAIGN DESCRIPTION

Campaign Name:

Objectives Target Audience Channels

DELIVERABLES

Deliverable 1 — Description

Format: Quantity: Deadline:

Deliverable 2 — Description

Format: Quantity: Deadline:

Deliverable 3 — Description

Format: Quantity: Deadline:

COMPENSATION & EXPENSES

Total Fee Deposit / Initial Payment Payment Terms & Schedule

Invoices are payable within days of invoice unless otherwise agreed in writing. Late payments accrue interest at the lesser of 1.5% per month or the maximum permitted by law.

USAGE RIGHTS & LICENSE

License Grant

Territory: Duration:

Exclusive Rights: Agency shall be granted exclusivity for the scope described below

Exclusivity Scope (if any)

FTC DISCLOSURE & COMPLIANCE

Agency shall ensure that all sponsored content and endorsements comply with applicable advertising and consumer protection laws, including clear and conspicuous disclosures when required. Agency affirms that any influencer or third‑party creator engaged for Campaign content will be instructed to include required disclosures in a manner compliant with applicable standards.

Required Disclosure Language / Instructions to Creators

Agency certification of compliance: Agency will comply with disclosure requirements and retain records of disclosures upon request

APPROVALS, REVISIONS & ACCEPTANCE

Client shall provide approvals, assets, and feedback within business days of submission. Revisions beyond the agreed number in a deliverable scope shall be billed at Agency's standard hourly rate unless otherwise agreed in writing.

Approval Procedure

INTELLECTUAL PROPERTY

Ownership of pre-existing intellectual property remains with the party that provided it. For materials created under this Agreement:

Client retains ownership of Client trademarks, logos, product images and store content delivered to Agency.

Agency retains copyright in creative concepts and underlying source files until final payment is received, at which time ownership will be transferred as follows:

Assignment Terms Upon Payment

CONFIDENTIALITY

Confidential Information and Obligations

WARRANTIES, INDEMNITY & LIMITATION OF LIABILITY

Each party represents and warrants that it has authority to enter this Agreement. Agency warrants that deliverables will not knowingly infringe third-party rights. Agency will defend, indemnify and hold Client harmless from third-party claims arising from Agency's breach, gross negligence, or infringement, except to the extent such claims arise from Client-provided materials. Except for willful misconduct, neither party's aggregate liability shall exceed the total fees paid to Agency under this Agreement for the Campaign.

TERMINATION

Either party may terminate this Agreement upon written notice to the other party. Termination for convenience requires days' prior written notice. If Client terminates without cause after Agency has commenced work, Client shall pay a kill fee equal to the greater of (i) the unpaid portion of scheduled fees for completed milestones and (ii) .

FORCE MAJEURE

Neither party shall be liable for delay or failure to perform to the extent caused by events beyond its reasonable control. The affected party shall notify the other promptly and shall use commercially reasonable efforts to resume performance.

GOVERNING LAW & DISPUTE RESOLUTION

This Agreement shall be governed by the laws of , without regard to conflict of law principles. Parties shall first seek to resolve disputes through good faith negotiations; if unresolved, disputes shall be resolved in the courts located in the specified governing jurisdiction.

NOTICES

Client Address for Notices Agency Address for Notices

MISCELLANEOUS

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations and agreements. No amendment shall be valid unless in writing and signed by authorized representatives of both parties.

PARTY IDENTIFICATION

Client Entity Type

Individual Corporation LLC Other

Agency Entity Type

Individual Corporation LLC Other

Client Printed Name:

By:

Date:

Agency Printed Name:

By:

Date:

What a Marketing Shopify Agreement Is

A Marketing Shopify Agreement is a written contract that sets the working relationship between a Shopify merchant and a marketing vendor or agency hired to promote the merchant's online store. It documents scope of work, deliverables, timelines, compensation and payment schedules, intellectual property ownership, data access and privacy obligations, reporting and performance metrics, termination rights, and dispute resolution. The agreement clarifies responsibilities for ad spend management, creative assets, Shopify admin access, tracking and analytics, and remedies for missed milestones or nonpayment.

Why a Formal Agreement Matters

A clear Marketing Shopify Agreement aligns expectations, protects intellectual property and customer data, and sets measurable performance and payment terms. It reduces disputes by documenting access permissions and reporting obligations, making enforcement and termination straightforward if deliverables or compliance standards are not met.

Who Typically Uses a Marketing Shopify Agreement

Merchants, agencies, and independent marketers use this agreement to define responsibilities, permissions, and payment structures for Shopify marketing engagements.

Shopify merchants hiring external agencies for paid ads and content.
Marketing agencies contracting to manage stores, creative assets, and analytics.
Freelance marketers or consultants providing campaign services to Shopify stores.

Use it to limit scope creep, protect customer data, and set clear payment milestones and termination terms.

Core Clauses to Include in the Agreement

Include these core clauses to make the Marketing Shopify Agreement enforceable and operational across marketing engagements and project sizes of varying complexity.

Scope of Work

Define specific deliverables, milestones, timelines, reporting frequency, platforms targeted, campaign budgets, approval rounds, and acceptance criteria. Be explicit about who supplies assets and who manages ad spend.

Payment Terms

Specify fees, retainer amounts, invoicing schedule, late payment interest, reimbursement of ad spend, performance bonuses, and conditions for refund or expense approval.

IP & Ownership

Assign ownership of creative work, grant limited licenses where appropriate, and state rights to reuse, modify, or transfer marketing assets after payment or termination.

Data & Privacy

Describe permitted data access to Shopify admin, analytics, customer lists, data handling, retention, HIPAA considerations if health data appears, and obligations under ESIGN/UETA for electronic records.

Warranties & Indemnity

State representations about lawful use of materials, warranty disclaimers, indemnities for IP infringement, and limits on liability, including caps and exclusions for consequential and punitive damages where prohibited.

Termination & Remedies

Define termination for convenience and for cause, cure periods, effect on ownership and payments, including access revocation and final accounting, and post-termination deliverables or transition assistance obligations.

Step-by-Step: Preparing and Executing the Agreement

Follow these steps to prepare and execute a Marketing Shopify Agreement accurately, minimizing negotiation time and legal ambiguity.

01

Gather Parties: Collect legal names, contact details, and tax IDs for each party.
02

Define Scope: List deliverables, channels, schedules, budgets, and acceptance criteria.
03

Set Terms: Specify payment, invoices, late fees, and intellectual property ownership.
04

Review & Sign: Have counsel review if necessary; execute with authorized signatories.

Typical Execution Flow for the Agreement

This workflow shows the common sequence from drafting to signed Marketing Shopify Agreement and delivery of initial services.

Draft: Create draft including scope and payment terms.
Negotiate: Exchange revisions and finalize acceptance criteria.
Authorize: Obtain signatures from authorized representatives.
Activate: Grant Shopify access and commence campaigns.

Online Workflow Settings for eSigning and Delivery

Configure digital workflow options for eSigning, notifications, and post-execution delivery in your document management platform.

Field	Configuration
Signature Method	Email link or SMS code authentication
Signer Authentication	Choose email, SMS OTP, or KBA for higher assurance
Auto Reminders	Enable up to three reminders at set intervals
Delivery	Send final PDF with audit trail to all parties

Distribution, Formats, and Integrations

Select distribution channels and integrations to streamline delivery, routing, notifications, and centralized recordkeeping across your marketing and finance systems.

Formats: PDF, DOCX, and HTML supported
Integrations: Salesforce, NetSuite, Google Workspace, Microsoft 365
Access Controls: Role-based permissions and SSO via SAML

Key Deadlines and Timing Considerations

Track start dates, payment schedules, reporting cycles, and termination notice periods to avoid disruption and unexpected costs.

Effective Date:

Agreement start date; use MM/DD/YYYY format

Payment Terms:

Net 30, net 45, or milestone payments as specified

Reporting Schedule:

Monthly performance reports unless otherwise agreed

Termination Notice:

Provide written notice; typical 30–60 day period

Renewal:

Auto renew only if renewal clause explicitly included

Security and Compliance Features to Include

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

Certifications: SOC 2 Type II, ISO 27001, PCI DSS

HIPAA: BAA available for covered workflows

ESIGN/UETA Compliance: Meets ESIGN and adopted UETA standards

Audit Trail: Detailed timestamped logs and history

Accessibility: WCAG 2.0 Level AA support

Penalties and Practical Risks of Errors

Breach of Contract: Claims for damages and specific performance

IP Infringement: Injunctions and statutory damages

Data Privacy Fines: State penalties and HIPAA fines

Tax Withholding Risk: Backup withholding if TIN missing

Termination Costs: Early termination fees and refunds

Reputational Harm: Lost customers and partner trust

Common Preparation Mistakes to Avoid

Vague scopes that omit campaign channels, ad budgets, or number of deliverables, enabling scope creep and later disputes over payment.
Missing data handling clauses for customer lists and analytics, creating compliance exposure under state privacy laws or HIPAA if health data is present.
No clear ownership assignment for creative assets, leading to contention over reuse rights or license scope after contract end.
Failure to specify termination for cause, cure periods, or impact on active campaigns results in unpaid ad spend liabilities or service interruptions.

eSignature Pricing and Feature Snapshot

Compare common plan criteria and limits across eSignature vendors to choose a solution for Marketing Shopify Agreement workflows.

	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	Limited trial	Limited trial	Limited trial	Limited trial
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions

Answers to common questions about preparing, signing, and enforcing a Marketing Shopify Agreement, including eSignature and retention considerations.

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 state UETA laws in most jurisdictions. To be enforceable, the transaction must show signer intent, consent to electronic records, attribution, and reliable retention.
Do I need a notary or witnesses?
Not typically. Most marketing agreements do not require notarization or witnesses, but certain instruments—real estate conveyances, wills, powers of attorney, and some state-specific forms—do. If notarization is needed, consider remote online notarization where permitted and verify state notary rules.
Which fields are essential in the form?
Essential fields include full legal names, business entity details, effective date (MM/DD/YYYY), detailed scope of work, payment terms, IP assignment clause, data access permissions, governing law, and clearly labeled signature blocks with printed name and date.
How should HIPAA be handled?
If marketing uses protected health information, include a Business Associate Agreement (BAA), limit PHI access, define permitted uses, and specify retention and breach notification procedures. Ensure workflows meet 45 CFR §164.530(j) retention rules and obtain patient consent where required.
Are eSigns enforceable across states?
Yes. ESIGN provides federal recognition of eSignatures for interstate commerce (15 U.S.C. ch. 96) and most states have adopted UETA. Check state exceptions; certain probate, family law, or court filing categories may require wet signatures or specific procedures.
How long should I keep signed copies?
Retain signed agreements for the contract term plus at least three years. For tax or financial matters follow IRS guidance (IRC §6501(a)); healthcare records follow HIPAA six-year retention (45 CFR §164.530(j)). State law may require longer retention.

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