Is an electronic marker legally binding?

Yes; electronic markers executed with intent, consent, clear attribution, and retention capability are enforceable under the ESIGN Act (15 U.S.C. §7001) and most states' UETA statutes. Exceptions like wills and certain court filings may still require paper.

Do I need a notary or witnesses?

Notarization and witness needs depend on the document and state law. Remote online notarization is available in many jurisdictions but requirements vary; Florida and some states require two witnesses for certain instruments. Check the state notary commission for specifics.

Can the Marker be e-signed?

Yes, Proof of Concept Markers may be electronically signed when the signing parties demonstrate intent, consent, attribution, and retention capability per ESIGN (15 U.S.C. §7001) and UETA. Ensure consumer disclosures where required and retain a complete audit trail for enforceability.

How to correct a completed Marker?

If an error exists after signing, prepare an amendment or corrected Marker and have all original signers execute it. For material changes, document reason and date; sometimes issuing a new Marker with a cross-reference is preferred for audit clarity.

Who can sign the Marker?

Authorized signatories typically include project sponsors, vendor representatives, and designated approvers. Authority may be limited by internal policy or procurement rules; legal counsel should confirm delegation of signing authority where contract values or compliance obligations require it.

How long should I retain the Marker?

Retention depends on industry and record type. Keep active POC records for the contract term plus at least three years. For tax matters follow IRC §6501(a); for healthcare follow HIPAA retention rules (45 CFR §164.530(j)). Consult counsel for state variations.

Electronic Signature
Templates
Miscellaneous
Proof of Concept Marker

Proof of Concept Marker

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

PROOF OF CONCEPT MARKER

This Proof of Concept Marker ("Marker") is entered into as of between Client Name: and Provider Name: .

WHEREAS

WHEREAS, Client desires to evaluate the feasibility of a technical or business solution described below (the "Proof of Concept" or "POC") in order to determine suitability for potential commercial deployment; and

WHEREAS, Provider represents that it has the skills, personnel, and resources to develop and demonstrate the POC on the terms set forth in this Marker; and

WHEREAS, the parties wish to set forth the scope, payment, confidentiality, and other principal terms governing the POC in order to preserve their respective rights during the evaluation period.

Project Identification

Project Name Client Contact (Name, Title, Address) Provider Contact (Name, Title, Address) Point of Contact Email Point of Contact Phone

Scope of Work

Provider shall perform the tasks necessary to plan, build, and demonstrate the POC as described in the Scope of Work. Acceptance of POC deliverables will be conducted pursuant to the acceptance criteria set forth herein.

Detailed Scope of Work Deliverables and Acceptance Criteria

Payment Terms

In consideration for the performance of the Scope of Work, Client shall pay Provider the amounts and according to the schedule set forth below. All fees are exclusive of applicable taxes unless otherwise stated.

Total Fee Payment Schedule (milestones, amounts, and due dates) Invoice Terms Late Payment Fee

Term and Termination

This Marker commences on the Start Date and continues until the End Date unless earlier terminated in accordance with this section.

Start Date End Date Notice Period for Termination (days)

Either party may terminate this Marker for material breach by the other party if such breach remains uncured for the notice period specified above. Termination does not relieve the Client of the obligation to pay for accepted deliverables or non-cancellable third-party costs incurred prior to termination.

Confidentiality

Each party acknowledges that in connection with the POC it may receive Confidential Information of the other party. "Confidential Information" means non-public information disclosed in any form that is designated as confidential or that, given the nature of the information, reasonably should be considered confidential. Each receiving party shall: (a) use Confidential Information solely to perform under this Marker; (b) protect Confidential Information with no less than reasonable care; and (c) not disclose Confidential Information to third parties except to employees and contractors who need to know and who are bound by confidentiality obligations at least as protective as those herein. Confidential Information does not include information that is or becomes publicly available through no fault of the receiving party, was rightfully known prior to disclosure, or is independently developed without use of the disclosing party's Confidential Information.

Intellectual Property and License

Unless otherwise agreed in writing, each party retains all right, title, and interest in and to its preexisting intellectual property. Provider grants Client a limited, non-exclusive, non-transferable, royalty-free license to use Provider's deliverables solely for internal evaluation of the POC during the term of this Marker. Any further use, commercialization, or distribution of deliverables shall require a separate written agreement between the parties.

Governing Law

This Marker shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles.

Limitation of Liability

Except for a party's breach of confidentiality or infringement of the other party's intellectual property, neither party will be liable to the other for incidental, consequential, special, or punitive damages arising out of or relating to this Marker, whether in contract, tort, or otherwise, and each party's aggregate liability for claims arising out of this Marker will not exceed the total fees paid by Client to Provider under this Marker.

Entire Agreement

This Marker, together with any Schedules or attachments expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, proposals, and communications, whether written or oral. Any amendment or waiver must be in writing and signed by authorized representatives of both parties.

Miscellaneous

The parties are independent contractors. Neither party has authority to bind the other. If any provision of this Marker is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

Client:

By:

Date:

Provider:

By:

Date:

What a Proof of Concept Marker Is

Proof of Concept Marker is a concise project document used to record the initiation, scope, and pass/fail criteria for a proof-of-concept (POC) exercise. It identifies stakeholders, test objectives, required resources, acceptance metrics, and the test schedule so both provider and client share a single reference for evaluation. The Marker reduces ambiguity by stating baseline conditions, assumptions, and the definition of success, and it records signatures or approvals to lock in responsibility. It is commonly attached to contracts or project charters when trial deployments precede full-scale implementation.

Why teams rely on a Proof of Concept Marker

Use a Proof of Concept Marker to document expectations, clarify success criteria, and create an auditable record of test results and approvals. This reduces disputes, speeds decision-making about next steps, and preserves evidence needed for compliance and procurement review.

Who typically completes and signs the Marker

Typical users span client stakeholders, vendor teams, and procurement or legal reviewers who need a shared acceptance record.

Client project manager — defines requirements, approves scope, and signs acceptance.
Vendor technical lead — sets up tests, records outcomes, and certifies environment readiness.
Procurement or legal reviewer — verifies criteria, confirms compliance, and retains documentation.

Use the Marker as a single source of truth across teams to speed approvals and reduce rework.

Core elements to include in a professional Marker

A professional Proof of Concept Marker contains scope, measurable success criteria, test plan, resources, timelines, and an approval block that together create a single authoritative record.

Scope

Clearly describe what is included and excluded from the POC, including system boundaries, features to test, data types used, and any constraints; avoid open-ended or implied responsibilities.

Success Criteria

Define precise pass/fail thresholds, measurement tools, sampling frequency, and acceptable variance; link each criterion to business outcomes and state required evidence for verification.

Test Plan

Outline tasks, test cases, setup steps, data preparation, and rollback procedures; include estimated durations, responsible parties, and environment configuration details to ensure reproducibility.

Resources

List required personnel, hardware, software licenses, access credentials, and any third-party services; identify owner for procurement and note expected costs or chargebacks.

Timeline

Provide start and end dates, major milestones, evaluation windows, and deadlines for corrective actions; indicate timezones for distributed teams and escalation contacts.

Approval Block

Include signature lines for authorized signers, printed names, titles, dates, and any conditional approvals or holdbacks; record signatory authority and version cross-reference.

Step-by-step: completing a Marker

Follow these core steps to complete a Proof of Concept Marker accurately and securely for shared evaluation and recordkeeping.

01

Prepare Document: List objectives, success metrics, and stakeholders.
02

Define Scope: Specify environment, data, and duration of tests.
03

Assign Roles: Name approvers, testers, and owners with contact info.
04

Record Results: Capture outcomes, deviations, and final accept/reject decision.

Configuring an online workflow for the Marker

Configure the online workflow to match your approval order, authentication level, and conditional routing before sending the Marker for signatures.

Field	Configuration
Signing Order	Sequential or parallel routing per signers.
Authentication Level	Email, SMS, KBA, or SSO.
Conditional Fields	Show fields based on prior answers.
Save Template	Store as reusable template for future use.

Typical e-submission and signing flow

Typical e-submission workflow for a Proof of Concept Marker includes upload, field placement, signer authentication, and preservation of the signed record and audit trail.

Upload Document: Convert to PDF and upload for field placement.
Place Fields: Add signature, date, and conditional fields.
Authenticate Signers: Use email, SMS code, or stronger verification.
Preserve Audit Trail: Capture timestamps, IP, and completion certificate.

Platform and integration considerations

Ensure the platform supports required integrations, file formats, and authentication methods before e-submitting a Proof of Concept Marker.

Integrations: Salesforce, NetSuite, Microsoft 365 supported
File Formats: PDF, DOCX, and HTML accepted
Signer Authentication: Email, SMS, SSO, or KBA options

Key dates and deadline types to track

Key dates help manage POC timelines and ensure timely evaluation, approvals, and document archiving across stakeholders.

Request Submission Date:

Date client submits POC request.

Test Start Date:

Begin environment setup and initial validation.

Evaluation Window End:

Final day for capturing test results and metrics.

Acceptance Response Deadline:

Stakeholders provide acceptance or rejection with rationale.

Archive Date:

Move final documents to long-term storage and retention.

Milestone timeline from request to sign-off

Sequential milestones let teams track the POC from request through sign-off, with clear responsibilities at each stage.

01

Request Intake

Project sponsor files POC Marker and scope details.

02

Test Preparation

Provision environment, access, and data for testing.

03

Evaluation Period

Execute tests, log results, and evaluate against criteria.

04

Final Approval

Authorized signers accept or reject based on evidence.

Common preparation mistakes to avoid

Vague success criteria that lack measurable thresholds lead to disagreement and prevent objective acceptance; always include numeric targets, measurement method, and sample size where applicable.
Mismatched party names or signer errors create tax and payment issues; require full legal names and matching taxpayer identification to avoid backup withholding.
Failing to document environment details (software versions, data subsets) causes irreproducible results and impedes root cause analysis during acceptance testing.
Not retaining an audit trail or proof of consent weakens enforceability; keep timestamps, IP addresses, and consent logs for every signer and action.

Penalties and legal risks from incorrect Markers

1099 late penalties: $60/$130/$330 per form (varies)

Intentional disregard: $660+ per form, no cap

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

Backup withholding: 24% withheld on payments

Missing notarization: Document may be unenforceable

Data breach fines: State and federal penalties possible

Security and compliance basics for Marker records

Encryption in transit: TLS 1.2 and TLS 1.3

Encryption at rest: AES-256 encryption

HIPAA compliance: BAA required for PHI workflows

Audit and controls: SOC 2 Type II available

Regulated records: 21 CFR Part 11 support

International standards: ISO 27001 certified

Vendor pricing and capability comparison for eSignature use

Comparison of common eSignature vendor pricing and key capabilities to inform selection for electronic signing and POC 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 free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently asked questions about Proof of Concept Markers

Answers to common questions about validity, signatures, notaries, and technical issues when using a Proof of Concept Marker.

Need help? Contact support

Is an electronic marker legally binding?
Yes; electronic markers executed with intent, consent, clear attribution, and retention capability are enforceable under the ESIGN Act (15 U.S.C. §7001) and most states' UETA statutes. Exceptions like wills and certain court filings may still require paper.
Do I need a notary or witnesses?
Notarization and witness needs depend on the document and state law. Remote online notarization is available in many jurisdictions but requirements vary; Florida and some states require two witnesses for certain instruments. Check the state notary commission for specifics.
Can the Marker be e-signed?
Yes, Proof of Concept Markers may be electronically signed when the signing parties demonstrate intent, consent, attribution, and retention capability per ESIGN (15 U.S.C. §7001) and UETA. Ensure consumer disclosures where required and retain a complete audit trail for enforceability.
How to correct a completed Marker?
If an error exists after signing, prepare an amendment or corrected Marker and have all original signers execute it. For material changes, document reason and date; sometimes issuing a new Marker with a cross-reference is preferred for audit clarity.
Who can sign the Marker?
Authorized signatories typically include project sponsors, vendor representatives, and designated approvers. Authority may be limited by internal policy or procurement rules; legal counsel should confirm delegation of signing authority where contract values or compliance obligations require it.
How long should I retain the Marker?
Retention depends on industry and record type. Keep active POC records for the contract term plus at least three years. For tax matters follow IRC §6501(a); for healthcare follow HIPAA retention rules (45 CFR §164.530(j)). Consult counsel for state variations.

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