What is a marketing services agreement?
A marketing services agreement is the contract between a marketing agency or freelancer and a client. The questions that cause trouble later are nearly always the same: what exactly is included each month, who approves the ads, whose card pays the ad platforms, what happens if the budget is overspent, who owns the ad accounts and the creative, and what results were promised.
This template answers each of them. You describe the services, channels, deliverables and goals; set an approval deadline; choose a monthly retainer, fixed project fee or hourly rate; and choose whether the client pays the platforms directly or you re-bill the spend at cost or with a management fee, with an optional monthly ad budget cap. It sets how often you report, says plainly that results aren't guaranteed, keeps ad accounts and data with the client, passes paid-for creative to the client, and covers confidentiality, data protection, notice and a liability cap.
- Best for
- Digital marketing agencies, paid media specialists and marketing freelancers
- Signed by
- The agency and the client, with job titles
- Fees
- Monthly retainer, fixed project fee or hourly rate — ad spend kept separate
- Length
- About 3 pages, initialled on every page
When to Use a marketing services agreement
- An agency starts a monthly retainer for paid search and paid social
- A freelancer runs a one-off product launch campaign
- A consultant manages a client's email marketing and landing pages
- An agency re-bills ad spend and charges a management fee on it
- A business hires an outside team to run marketing alongside its own staff
What You Fill In
21 blanks, then the name and email of each person who signs: agency, client.
1 The parties
- Agency (your business)*
- Agency address
- Client (company or person)*
- Client address
2 The services
- Start date*
- End date
- Marketing services*
- Channels and platforms
- Monthly or campaign deliverables
- Goals and measures of success
- Client approves or comments within (business days)*
3 Fees
- How the agency is paid* a monthly retainer · a fixed fee for the project · an hourly rate
- Currency*
- Amount*
- Invoices are due within (days)*
4 Advertising spend
- How advertising spend is paid* The Client pays the advertising platforms directly, using its own payment method · The Agency pays the advertising platforms and re-bills the Client at cost · The Agency pays the advertising platforms and re-bills the Client at cost plus the management fee below
- Monthly advertising budget
- Management fee on ad spend (%)
5 Other terms
- Reports sent* weekly · every two weeks · monthly · at the end of each campaign
- Notice to end the agreement (days)*
- Governing law*
6 Who signs
- Agency signature and date, job title, initials on every page · The marketing agency or freelancer providing the services.
- Client signature and date, job title, initials on every page
What the marketing services agreement Covers
- Services
- Term
- Working together and approvals
- Fees
- Advertising spend
- Reporting
- Results
- Ownership
- Confidentiality and data
- Ending the agreement
- Liability
- General
Using the marketing services agreement, step by step
1 Describe the services
List what you'll do, the channels and platforms, and the deliverables each month or campaign. Add goals if you have them — the agreement treats them as targets to work towards, not guarantees.
2 Choose the fee and how ad spend works
Pick a retainer, fixed fee or hourly rate. Then choose how advertising is paid: the client's own card on the platforms (the simplest), or you pay and re-bill at cost, or at cost plus a management percentage. Add a monthly ad budget to cap spend without new approval.
3 Set approvals and reporting
Choose how many business days the client has to approve work, and how often you report — weekly, every two weeks, monthly or at the end of each campaign.
4 Send it
Tick "This is me" for the agency, add the client's signer and send. Both of you sign with job titles and initial every page; the signed agreement is filed in Files and emailed to both.
Tips Before You Send It
- Set ad accounts up in the client's name from day one — it avoids painful handovers if you part ways.
- Put the monthly ad budget in writing. It is the easiest overspend dispute to prevent.
- Agree one person at the client who can approve work, so feedback doesn't arrive from five directions.
- If you re-bill ad spend, invoice it separately from your fees so the client can see both clearly.
Sign It Online In Minutes
- Fill in the blanks. Names, dates and amounts go straight into the agreement — the preview shows exactly where.
- Name who signs. Tick “This is me” for your own part. VergeHR builds the PDF with every signature, date and initials box on the right line, and you can check or move anything before sending.
- Send it. Each signer gets a secure link and signs from any device — no account needed. The signed PDF, with an audit trail and a Certificate of Completion, is filed in Files and emailed to everyone.
Marketing services agreement: frequently asked questions
Who owns the ad accounts and creative?
The client's ad accounts, audiences, data and campaign history belong to the client. Final creative the agency makes for the client passes to the client once it is paid for; unused concepts and the agency's own tools and templates stay with the agency.
Does the agency guarantee results?
No. The agreement commits the agency to reasonable skill and care and good industry practice, and says it doesn't guarantee a number of leads, sales, clicks or return on spend, because results depend on things outside its control.
Can the agency pause campaigns if the client doesn't pay?
Yes, after 5 business days' written notice of an overdue invoice. On ending the agreement, the agency hands over access and pauses or transfers live campaigns as the client directs.
Is an agreement signed electronically legally binding?
In most countries, including the US (ESIGN Act and UETA), the UK, the EU (eIDAS) and Canada, an electronic signature is generally valid for an ordinary commercial contract like this one. VergeHR keeps an audit trail and a Certificate of Completion with the signed PDF as evidence of who signed and when.
Is this template free?
Yes. The template is free to use with the eSignature app in VergeHR. Your client doesn't need a VergeHR login to sign.