Marketing Agreement Template

We’ve created a customizable marketing agreement (PDF and Word) to help save you time while looking professional when signing on new clients. Legal experts and proofreaders have reviewed this marketing contract with best practices in mind.

Free Professional Marketing Agreement Template for Download

What’s in this template?

Grab a copy of our free marketing agreement template

What is a marketing services agreement?

To understand what a marketing agreement is, we first must define the role of a marketing professional.

A marketer helps clients by creating promotional materials for their products and services. Marketing services include but are not limited to, making brochures, websites, advertising, pamphlets, and sales letters.

A marketing agreement is a document that sets forth the terms and conditions for which a marketer assists clients with their marketing activities.

DISCLAIMER: We are not lawyers or a law firm and we do not provide legal, business or tax advice. We recommend you consult a lawyer or other appropriate professional before using any templates or agreements from this website.

Download our free
Marketing Agreement

You have campaigns to run and clients to serve; the last thing you need to worry about is compliance.

That’s why we’ve created a fully customizable marketing agreement template to streamline your client intake and get on with your work.

Click below to grab a copy of our template

Why is the marketing contract important?

Having a marketing contract creates clarity and confidence between the marketer and the client.

As a marketer, an agreement template helps you define your offerings, forecast sales, and set expectations with your client.

Conversely, as a client, a marketing agreement helps you to understand what services you can expect and when.

More importantly, a marketing agreement acts as a point of accountability for all parties involved—making for a productive business relationship.

The elements of an excellent marketing agreement

Your marketing agreement template is the foundation of your contractual arrangement with clients. To ensure your fine print is clear, we’ve identified six elements of an effective marketing agreement.

1. Deliverables

This is the nuts and bolts of your contract, where you outline what you’ll be delivering as part of your marketing service.

2. Timeline

A project timeline lays out when each milestone will be delivered. Or, if it’s ongoing work, you could detail the frequency of work. For example, if a company has engaged with you to manage their social media marketing, you may agree to schedule 20 posts across all accounts each month.

3. Ownership

If a client is hiring a marketing contractor to perform work, it’s common practice that the client owns any assets related to the project.

Ultimately, this comes down to trust, but it’s worth mentioning nevertheless to give the client confidence that you won’t go off an do anything dodgy with their assets.

4. Payment

This is the part of the marketing agreement where the marketer will clarify their fees and payment terms. It’s often that the payment schedule is in-line with the timeline of deliverables. For example, monthly payments for ongoing work, or progress payments at each milestone of a one-off project.

5. Confidentiality

Depending on the nature of work, the marketer, the client, or both may request confidentiality for sensitive information.

For example, the marketing consultant may have a proprietary process for how they conduct a campaign. Or the client may have sensitive customer or employee information that needs to remain private.

6. Termination

As much as we want to think our business partnerships will last forever, at some point, the work will come to an end.

Discussing and communicating all the ways a party can terminate the marketing agreement is a valuable exercise to do upfront.

It shows maturity, sets expectations, and, if anything, it can relax parties to know what their options are if the situation changes.

Download our free Marketing Agreement Templates

You have campaigns to run and clients to serve; the last thing you need to worry about is compliance.

That’s why we’ve created a fully customizable marketing agreement template to streamline your client intake and get on with your work.

Click below to grab a copy of our template

The most effective ways to use a marketing contract in client interactions

As a marketing professional, you often need many touchpoints with a prospective client before they’re comfortable contracting you for your expertise.

While your marketing agreement is a formal document, there are some ways to leverage your contract to help secure more clients.

To explain what we mean, let’s look at an example of the various touchpoints you may have with a prospect, in the client intake process.

Let’s highlight steps three and four, where you have a client consult and send a proposal. These are perhaps the most critical moments in your client interactions as it’s where you get to know the client and make suggestions for how they can achieve their goals.

A proposal is your opportunity to pitch your value. However, adding a marketing agreement to your proposal puts your money where your mouth is. It’s a chance for your client to see what results you think are achievable, so much so, you’re willing to sign a contract based on your claims.

A marketing agreement also challenges you to get as much information as possible in your client consultation. You need to ask the tough questions around budget and your fees, which makes the whole process more transparent moving forward.

Frequently Asked Questions

FAQ on our Marketing Service Agreement Templates

How do I modify your marketing agreement template?

Our template is a fully customizable Word document. But if you make significant changes to our template, we recommend consulting with a lawyer.

Can I terminate a marketing agreement?

Like any contract, your marketing agreement may be terminated if either party failed to fulfill their responsibilities.
Additionally, the contract may be terminated if all parties mutually agree to cut their losses and walk away.

Can I use this marketing contract template for all types of marketing services?

Yes, you can use our template for all kinds of services, including a digital marketing agreement. The only thing you’ll need to change is your services and deliverables section to reflect your specific marketing offerings.

Do I really need a marketing agreement contract?

While agreements can be formed verbally, over text, email, and other forms of communication, we recommend you create a formal signed contract to eliminate any confusion.
It also shows your clients that you’re serious and motivates them to give you data, materials, information timely so that you can do your job to the best of your ability.

document preview

Marketing Agreement

Parties

-This Marketing Agreement (hereinafter referred to as the “Agreement”) is entered into on ______________ (the “Effective Date”), by and between __________________________, with an address of ______________ (hereinafter referred to as the “Client”) and ______________ with an address of ______________ (hereinafter referred to as the “Marketer”) (collectively referred to as the “Parties”).

Services Provided

– Hereby, the Marketer agrees to provide the services enlisted below (hereinafter referred to as the “Services”):

______________________
______________________
______________________
______________________
______________________
______________________
______________________
______________________

The Parties agree that the Services must be completed by ___________________________________________________________________________________________________________.

Payment And Fees

– The Parties agree that the total cost of the Services will be ____________ will be paid at completion.

– More specifically, ____________ will be paid at the signing of this Agreement, and ____________ will be paid at completion.

– The Parties agree that the Marketer will provide an invoice to the Client every ____________ days upon the completion of the Services.

– The Marketer agrees to obtain consent from the Client prior to making the purchase if an expense is over ____________.

– The Parties agree that the means of payment will be via ___________________________________________________________________________________________________________.

Term

– This Agreement shall be effective on the date of signing this Agreement (hereinafter referred to as the “Effective Date”). It will end on ______________.

Termination

– This Agreement may be terminated in case the following occurs:

This Agreement will be terminated immediately if one of the Parties breaches this Agreement. More specifically, Iit will also be terminated if one of the Parties breaches a condition set forth in this Agreement without amending it within a period of ______________.
This Agreement can be terminated at any given time by providing a written notice to the other party ______________ days prior to terminating the Agreement.
This Agreement will automatically be terminated when both Parties complete their obligations.

Confidentiality

– All terms and conditions of this Agreement (and any confidential information provided by the Client to the Marketer or vice versa) during the term of the Agreement must be kept confidential, unless the disclosure is required pursuant to process of law.

– Disclosing or using this information for any purpose beyond the scope of this Agreement (or beyond the exceptions set forth above) is expressly forbidden without the prior consent of the Parties.

– The Parties’ obligation to maintain confidentiality will survive termination of this Agreement and remain in effect indefinitely.

Relationship Between Parties

– Hereby, the Parties agree that the Marketer in this Agreement is an independent contractor, as he/she provides the services hereunder and acts as an independent contractor.

– The Marketer shall not be considered an employee under any circumstances.

– This Agreement does not create any other partnership between the Parties.

– This Agreement is an Agreement that is not based on exclusivity. Hence, the Parties are entitled to enter into other Agreements with other parties.

Ownership

– The Parties agree that all products created by the Marketer will remain the exclusive property of the Client, as long as it is relevant to the performance of the Services set forth in this Agreement.

Intellectual Property

– The Marketer agrees that any intellectual property provided to him/her by the Client will remain the sole property of the Client, including (but not limited to) copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship, Confidential Information, or trade secrets.

– The Marketer will refrain from using such intellectual property upon the termination of this Agreement.

Limitation Of Liability

– Under no circumstances will either party be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Agreement or the transactions it contemplates (including breach of contract, tort, negligence, or other form of action)—if said damage is the direct result of one of the party’s negligence or breach.

Amendments

– The Parties agree that any amendments made to this Agreement must be made in writing and signed by both Parties to this Agreement.

– As such, any amendments made by the Parties will be applied to this Agreement.

Assignment

– The Parties hereby agree not to assign any of the responsibilities in this Agreement to a third party unless consented by both Parties in writing.

Alternative Dispute Resolution

– Any dispute or difference whatsoever arising out of or in connection with this Agreement shall be submitted to ______________ (Arbitration/mediation/negotiation) (Circle one), in accordance with and subject to the laws of ______________.

Entire Agreement

– This Agreement contains the entire agreement and understanding among the Parties hereto, with respect to the subject matter hereof. It supersedes all prior agreements, understandings, inducements, and conditions (express, implied, oral, written, or of any nature whatsoever with respect to the subject matter hereof). The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Severability

– In an event when any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions will still be enforced, in accordance with the Parties’ intention.

Signature And Date

– The Parties hereby agree to the terms and conditions set forth in this Agreement. This agreement is demonstrated by their signatures below:

Marketer

Name: ______________________

Signature: ___________________

Date: _______________________

Client

Name: ______________________

Signature: ___________________

Date: _______________________

Related Proposals and Templates

Download our free
Marketing Agreement

You have campaigns to run and clients to serve; the last thing you need to worry about is compliance.

That’s why we’ve created a fully customizable marketing agreement template to streamline your client intake and get on with your work.

Click below to grab a copy of our template