Agreements  ›  Marketing Services Agreement

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A marketing services agreement governs the relationship between a marketing agency or consultant and their client. It defines campaign deliverables, KPIs, content ownership, ad-spend authority, and the limits of performance guarantees — the clauses that prevent disputes when campaigns underperform.

Who uses it

Marketing agencies, freelance marketers, PPC managers, SEO firms, content agencies, email marketing specialists, and any provider running campaigns on behalf of a client.

When to use it

Before the first campaign brief. Before any ad budget is handed over. Before you write the first piece of content. A signed agreement is how you establish who controls what — and who's responsible for results.

When not to use it

Not suitable when the engagement is purely advisory (use a consulting agreement) or when it is a single social media post without ongoing campaign management (use a freelance agreement).

Eight questions. Then a draft.

1

Parties

Agency and client names, entity types, states.

2

Campaign scope

Channels, campaign types, content formats, and monthly deliverables.

3

Performance terms

KPIs, reporting cadence, what happens when targets are missed.

4

Ad spend authority

Who controls ad budget, approval thresholds, pass-through billing.

5

Content ownership

Who owns creative assets, copy, and campaign materials produced.

6

Fees

Monthly retainer, project fee, performance-based compensation structure.

7

Approval process

How content is submitted, reviewed, approved, and what happens when approvals stall.

8

Termination

Notice period, campaign wind-down, access handover, and final deliverables.

A complete marketing agreement. Every clause you need.

Plain-English, campaign-specific, ready to execute. The sections that prevent disputes when results are debated.

Campaign scope and deliverables

Named channels, monthly content volume, campaign types, and reporting deliverables with defined KPIs and measurement methodology.

Performance disclaimer

Clear language that the agency provides best-efforts service and cannot guarantee results due to market conditions, algorithm changes, and client-side factors.

Ad-spend and billing

Monthly ad budget authority, pre-approval thresholds, pass-through billing with markup disclosure, and reconciliation process.

Content ownership

Client owns all content and creative assets produced under the agreement. Agency may showcase work in portfolio unless client requires confidentiality.

Approval and publication

Content approval workflow, turnaround SLA, deemed-approved language, and agency rights to pause publication when approval stalls.

Account access and handover

Access credentials policy, account ownership confirmation (client always owns accounts), and handover obligations on termination.

Where marketing contracts create disputes.

The most common causes of disagreement between agencies and clients when campaigns run.

Mistake

Guaranteeing results

No agency can guarantee ad performance, rankings, or revenue. Agreements that imply they can create liability for things outside the agency's control.

Mistake

No ad-spend authorization

Running client budget without a defined approval threshold is a major risk. Define the max monthly spend the agency can commit without explicit client approval.

Mistake

Agency owns the accounts

Ad accounts, social profiles, and analytics should always be in the client's name. Agencies who own the accounts hold the client hostage on termination.

Mistake

No content approval deadline

When a client takes three weeks to approve a post that was due yesterday, the agency misses the timeline. A deemed-approved clause prevents this.

How it looks in practice.

Example input

"Marketing agency managing Google Ads and SEO for an e-commerce client. $5,500/month retainer. $15,000/month ad spend under management. Client owns all accounts and content. 90-day minimum, 30-day notice to cancel. Georgia law."

Output preview

A 12-section marketing agreement, Georgia-governed. $5,500/month retainer, invoiced on the 1st. $15,000/month ad spend authority, $1,000 single-campaign approval threshold above plan. Client owns all accounts and creative. Performance disclaimer. 90-day minimum, 30-day cancellation notice. Account handover on termination within 5 business days.

Download options

Word (.docx) for editing in any tool. PDF for sending out as-is. Both formats, no watermark, no account needed.

Where AI ends, counsel begins.

BizDraft is a drafting tool. It is not a substitute for a lawyer who knows your specific situation. Reach for one when:

Performance-based compensation

When any portion of the fee is tied to revenue, conversions, or other outcomes, the measurement methodology and dispute resolution process warrant attorney drafting.

Large ad budgets

When managing over $100,000/month in ad spend, liability for unauthorized spend or platform errors can be significant. Attorney review of the indemnification clauses is warranted.

Regulated advertising categories

Healthcare, financial products, and alcohol advertising have regulatory compliance requirements that affect what the agency can and cannot do. Legal review before signing is important.

Marketing agreement questions.

Can a marketing agency guarantee results in a contract?

Be very careful. Guaranteeing specific revenue, traffic, or ranking outcomes creates liability for factors outside your control — algorithm changes, competitor spend, client-side conversion problems. Use best-efforts language and define KPIs as targets, not guarantees.

Who should own the Google Ads or Facebook ad account?

The client should always own their own ad accounts. The agency gets admin access to manage them. Accounts in the agency's name are held hostage — if the relationship ends, the client loses their data, history, and audience lists.

What happens to campaigns when the contract ends?

The agreement should specify a handover process — the agency provides all account credentials, campaign files, analytics access, and documentation within a defined number of business days after the final invoice is paid.

Can the agency use the client's campaign results in their portfolio?

Only if the agreement allows it. Many clients want confidentiality on revenue numbers and campaign data. The BizDraft template includes a portfolio rights clause that can be switched on or off based on your negotiation.

Is it really free?

Yes. No paywall, no trial, no credit card. Read about the business model →

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Not disputed ones.

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⚠ Legal disclaimer: Agreements generated by BizDraft are AI-produced for informational purposes only. They do not constitute legal advice and do not create an attorney-client relationship. For any agreement of significant legal or financial importance, consult a qualified attorney before signing.