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Marketing Agreement Template

Define how a marketing team and client will work together with an agreement covering services, fees, deliverables, reporting, ownership, and confidentiality in one clear document.

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COMMERCIAL AGREEMENT

MARKETING SERVICES AGREEMENT

Commercial Distribution, Brand Licensing & Marketing Deliverables
Illustrative sample only. Effective Date: September 29, 2026. Replace the sample details and confirm all terms before signing.

Contracting parties

Service Provider ("Company")
Meridian Campaign Systems LLC 100 Example Street, Suite 200 Portland, OR 97204, United States
Remarketer / Client ("You")
Harborline Growth Partners LLC 200 Sample Avenue, Suite 300 Boston, MA 02108, United States
The Company and You are each a “Party” and together the “Parties.” They agree to the following terms in exchange for the promises and consideration stated in this Agreement.
01

1. Recitals and definitions

The Company makes the products and services listed in Exhibit 1 available for authorized marketing. You wish to promote those offerings in the applicable Territory, and the Company wishes to engage You on the terms below. Exhibit 1 controls which offerings and territories are authorized; it does not grant exclusivity or authority to contract for the Company.
1.1 Defined terms
Term
Meaning
Certificates
Any written credentials, approvals, training completions, or authorizations issued by the Company for use in marketing a Product. A Certificate grants only the authority stated on its face.
Customers
Persons or entities that purchase, subscribe to, or are proposed to purchase a Product under an Order accepted by the Company.
Documentation
Product descriptions, specifications, usage instructions, policies, and training materials supplied or approved by the Company, as updated by the Company.
Products
The products and services expressly listed in Exhibit 1, as amended by a writing signed by both Parties.
Orders
Written customer orders or order forms for Products, executed by the proposed Customer and submitted to the Company for acceptance.
Territory
For each Product, the geographic area identified in Exhibit 1. “Global” remains subject to applicable law and Company approval of an Order.
Term
The period beginning on the Effective Date and continuing until termination under Section 9.
1.2 Interpretation
“Including” means including without limitation. A reference to written notice includes email only where Section 10 permits it. An amendment to Exhibit 1 must identify the affected Product, Territory, price, and effective date.
02

2. License, brand use, and intellectual property

2.1 Marketing license
During the Term, the Company grants You a non-exclusive, royalty-free, non-transferable, non-sublicensable license to advertise, promote, and market the Products solely in their authorized Territories and solely using the Documentation and materials the Company approves. The license ends automatically when this Agreement terminates or the relevant Product is removed from Exhibit 1.
2.2 Marks and promotional materials
Each Party retains ownership of its names, logos, trademarks, and other pre-existing intellectual property. Each Party grants the other a limited, revocable, non-exclusive license to use its marks only as reasonably needed to perform this Agreement, subject to its written brand guidelines and prior approval of public-facing uses. No Party may alter the other's marks or imply endorsement beyond this relationship. Goodwill arising from use of a Party's marks belongs to that Party.
2.3 Deliverables and working materials
Each Party retains its pre-existing methods, templates, software, data, and other materials. Unless a signed statement of work states otherwise, You own original marketing copy and creative work You produce specifically for campaigns under this Agreement, excluding Company materials and marks. You grant the Company a non-exclusive, royalty-free license to use those deliverables to review, administer, and support the relevant campaigns and Orders. No transfer of copyright or other ownership is implied by payment.
2.4 Restrictions and approvals
You may not modify a Product, issue a Certificate on the Company's behalf, make unsupported performance claims, register confusingly similar marks, or license Company intellectual property to a third party. Obtain the Company's written approval before publishing Product claims, pricing changes, or materials that use Company marks. The Company may require prompt correction or removal of noncompliant materials.
No agency authority: You cannot sign an Order for the Company, vary Product terms, offer an unauthorized discount, or make a warranty on the Company's behalf.
03

3. Operational duties and customer orders

Each Party will designate a commercial contact and perform its responsibilities with reasonable care and in compliance with applicable advertising, privacy, consumer-protection, and anti-bribery laws. Neither Party guarantees a particular volume of leads, Orders, or campaign results unless a signed statement of work expressly provides one.
3.1 Your duties
  • Invest the personnel and resources You consider necessary to market the authorized Products.
  • Use only approved promotional materials and accurate, current Product information.
  • Protect Confidential Information and Customer data under Section 6.
  • Transmit each executed proposed Customer Order and related information to the Company promptly.
  • Correct or withdraw marketing that the Company reasonably identifies as inaccurate or noncompliant.
3.2 Company's duties
  • Provide available Product Documentation and reasonable training needed for authorized marketing.
  • Review proposed Product claims and support the creation of approved marketing collateral.
  • Manage Product enhancements and upgrades, and communicate material changes that affect approved claims.
  • Maintain its Product quality policies and administer Orders it accepts.
  • Notify You if it rejects a submitted Order or discontinues an authorized Product.
3.3 Order and Customer relationship
You will identify the proposed Customer and submit the executed Order without changing its terms. The Company may accept or reject an Order in its reasonable commercial discretion and will contract directly with the Customer for any accepted Order unless a signed Order states another structure. The Company controls Product delivery, support obligations, and Customer billing under that Order; You control Your own marketing activities and subcontractors.
3.4 Changes and subcontractors
The Company may update Documentation, quality policies, and Products, but a change to authorized Territory or Exhibit 1 pricing requires a written amendment signed by both Parties. You remain responsible for any subcontractor You engage and must ensure that subcontractor observes the applicable confidentiality, brand, and data-handling restrictions.
04

4. Fees, invoicing, and taxes

Exhibit 1 states the base prices and payment terms for the authorized offerings. Unless an accepted Order expressly provides otherwise, the Company invoices the Customer and is responsible for collecting amounts due under that Order. You have no authority to collect a Customer payment on the Company's behalf. Any referral fee, commission, agency fee, expense reimbursement, or revenue share between the Parties applies only if its amount, calculation, payer, and due date are set out in a signed statement of work or amendment; none is established by this Agreement alone.
Each Party is responsible for reporting and paying taxes imposed on its own income, personnel, and operations. Taxes charged to a Customer on a Product sale, and any legally required withholding, will be handled under the accepted Order and applicable law. A Party receiving an invoice it disputes must notify the issuer in writing, stating the basis of the dispute; undisputed amounts remain payable under the applicable written payment terms.
05

5. Confidentiality and data handling

“Confidential Information” means nonpublic information disclosed by one Party to the other in connection with this Agreement that is marked confidential or reasonably understood to be confidential, including pricing, Customer information, credentials, business plans, and nonpublic Product information. The receiving Party will use it only to perform this Agreement, restrict access to people with a need to know who are bound by comparable duties, and protect it with reasonable safeguards.
Confidential Information excludes information the receiving Party can show was public without breach, already lawfully known, independently developed without use of the disclosure, or lawfully received without a duty of confidence. If disclosure is legally required, the receiving Party will give prompt notice when lawful and disclose only what is required. These duties continue for three years after termination; trade secrets remain protected for as long as applicable law protects them.
Each Party will use Customer personal data only for its authorized role, apply appropriate access and security controls, and notify the other without undue delay after discovering a security incident affecting shared Customer data. The Parties will execute any data-processing terms required for a specific campaign or applicable law before transferring data that requires them.
06

6. Warranties, indemnity, and liability

6.1 Authority and limited warranties
Each Party represents that it has authority to enter into this Agreement and will comply with laws applicable to its performance. The Company warrants that it has the right to grant the licenses in Section 2. You warrant that Your original campaign materials will not knowingly infringe a third party's intellectual property rights. Except for express promises in this Agreement and an accepted Order, neither Party gives an additional warranty to the other, to the extent permitted by law.
6.2 Third-party claims
The Company will defend You against a third-party claim that an unmodified Product or Company-provided material, used as authorized, infringes that third party's intellectual property rights, and will pay damages and reasonable settlement amounts finally awarded or approved by the Company. You will defend the Company against third-party claims arising from Your unauthorized Product claims, Your marketing materials excluding unaltered Company-provided content, or Your violation of applicable marketing or privacy law, and will pay damages and reasonable settlement amounts finally awarded or approved by You.
The protected Party must give prompt written notice, reasonable cooperation at the defending Party's expense, and control of the defense and settlement to the defending Party. Delay in notice reduces an obligation only to the extent it materially prejudices the defense. No settlement may admit fault or impose a nonmonetary obligation on the protected Party without its written consent.
6.3 Excluded damages and cap
To the extent permitted by law, neither Party is liable to the other for lost profits or indirect, incidental, special, punitive, or consequential damages arising from this Agreement, even if advised they were possible. Each Party's aggregate liability arising from this Agreement will not exceed $50,000. The cap and damages exclusion do not limit payment obligations, infringement or misuse of the other Party's intellectual property, fraud or willful misconduct, or liability that applicable law does not permit the Parties to limit. No additional carve-outs apply to confidentiality breaches, data incidents, or indemnity.
Sample risk terms: The $50,000 liability cap and absence of additional carve-outs are illustrative terms. Confirm the intended allocation before signing.
07

7. Non-exclusivity and relationship

This is a non-exclusive arrangement. The Company may appoint other marketers and sell Products directly in any Territory; You may market other offerings, provided You comply with confidentiality and brand restrictions. The Parties are independent contractors. This Agreement creates no partnership, fiduciary relationship, employment relationship, or authority for either Party to bind the other.
08

8. Term and termination

The Term begins on the Effective Date. Either Party may terminate this Agreement for convenience on 30 days' written notice to the other. Either Party may terminate immediately by written notice if the other commits a material breach. The notice must identify the breach with reasonable detail. A Party may suspend unauthorized use of its marks or access to its Confidential Information while addressing a breach.
On termination, You will stop marketing the Products, using Company marks, and presenting Yourself as an authorized remarketer. Each Party will return or securely delete the other's Confidential Information on request, except copies retained to meet legal obligations or routine backup requirements, which remain protected. Accrued payment rights and accepted Customer Orders survive according to their terms. Sections concerning ownership, accrued payments, confidentiality, indemnity, liability, dispute resolution, and any provision intended to survive remain effective.
09

9. Notices and general terms

Notices under this Agreement must be in writing and delivered by personal delivery, tracked courier, or email with affirmative acknowledgment of receipt to the addresses below, or to a replacement address designated by notice. Service Provider notice contact: Elena Brooks, [email protected], 100 Example Street, Suite 200, Portland, OR 97204. Client notice contact: Marcus Lee, [email protected], 200 Sample Avenue, Suite 300, Boston, MA 02108. A notice is effective when received.
This Agreement, its signed amendments, Exhibit 1, and any signed statement of work expressly incorporated into it form the complete agreement on this subject. If terms conflict, a later signed amendment controls, followed by this Agreement, Exhibit 1, and then a statement of work, unless that document expressly identifies the clause it overrides. Changes and waivers must be in writing and signed by both Parties.
EXHIBIT 1

Authorized Products & Pricing

Only the offerings and Territories below are authorized under Section 2. Base prices are stated in U.S. dollars. Customer-specific scope, taxes, and any approved deviations must appear in an accepted Order or a signed amendment; this Exhibit does not itself create an Order or a commission entitlement.
Product / Service Offering
Authorized Territory
Base Price / Unit
Payment Terms
Enterprise SaaS Marketing Suite
North America / EMEA
$1,200.00 / Mo
Net 30
Digital Campaign Management
Global
$3,500.00 / Campaign
50% Upfront, 50% Completion
Territory and pricing changes: An addition, removal, or price change is effective only through a written amendment signed by both Parties.

Execution

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized representatives.
Executed for Service Provider
Company: [Sender.Company] Printed Name: [Sender.FirstName] [Sender.LastName] Title: [Sender.Title] Date: [Sender.Signature.Date]
Service Provider signature
SENDER
Executed for Client / Remarketer
Company: [Client.Company] Printed Name: [Client.FirstName] [Client.LastName] Title: [Client.Title] Date: [Client.Signature.Date]
Client / Remarketer signature

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Infosys
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FinoWorks Technologies
Growlity
Evoke Strategy
Uffizio
Charge&Go
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Scribd
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Hero
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Growlity

Marketing Agreement Template Overview

Marketing work is easy to misunderstand when results, scope, and ownership are discussed but never written down. This marketing agreement template gives you ready sections for services, fees, deliverables, reporting, ownership, and confidentiality, so both sides know what to expect from the work. Built as a reusable marketing services agreement template, it fits agencies, freelancers, and in-house teams working with outside partners.

The agreement generates in your company's branding and adapts to each client. Share one link the other party opens on any device, and keep every agreement filed by account, so terms are easy to find when a campaign scope changes.

What's Included

Everything you need to create a professional proposal

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How to Use This Template

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1

Choose Template

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2

Customize Content

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3

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Who Benefits From Marketing Agreement Template?

Agencies, freelancers, and marketing leads get the most from an agreement that sets expectations early.

Agency Owner

Put services, fees, and reporting in writing at the start of every client relationship, instead of relying on emails.

Freelance Marketer

Confirm what you will deliver and when you will be paid, so campaign work starts on clear terms with a new client.

Marketing Director

Bring outside partners on board with defined deliverables, reporting, and ownership of the work they create for you.

Legal Counsel

Start from a clear structure and adapt the clauses to each engagement, instead of drafting a new agreement each time.

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Frequently Asked Questions

Everything you need to know about using this template

It should include the services, fees, deliverables, reporting, ownership of work, and confidentiality terms. A marketing agreement template gives you these sections ready to fill in, so both sides know what to expect from the partnership.
Yes. Generate the first draft from a short prompt, then use AI to rewrite, tighten, or restructure any section in seconds.
Open with the parties and the services, set fees and payment terms, list deliverables and reporting, then cover ownership and confidentiality. A consistent order makes the agreement easier to review.
Fully. This agreement is editable end to end in the drag-and-drop editor, so you can add, remove, or reorder clauses to match your engagement.
Yes. Add your own services, fees, and reporting terms straight into this agreement template, then adjust the wording to fit the client.
Yes. Your logo, colours, and fonts are pulled from your website and applied automatically, so the agreement looks on-brand without any manual design.

Set marketing terms before work starts

Start from a ready agreement layout and fill in only what matters, instead of drafting terms from scratch.

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