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Marketing

Email Marketing Agreement Template

Email marketing contracts need a compliance clause most freelancers skip: the client owns the list and is responsible for having consent to email it. This template covers campaigns and automated flows per month, approval before anything is sent, access to the email platform, list ownership, CAN-SPAM and GDPR responsibilities, deliverability, and monthly reporting. Use it for newsletter management, e-commerce flows, and launch sequences.

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Email Marketing Agreement Template

Between
Jane Rivera (Rivera Studio)
And
Alex Chen (Acme Bakery)
Total fee
$2,400.00
Deposit
$720.00
Delivery deadline
October 24, 2026

Services

The Sender will plan, write, design, and schedule the campaigns and automated flows described in a full redesign of the Acme Bakery marketing website, including a new homepage, menu page, and online ordering integration, and share a monthly report on opens, clicks, and revenue where tracked. No email is sent to the Client's list without the Client's approval of the final version.

Lists, Consent & Compliance

The subscriber list and email platform account belong to the Client. The Client confirms that subscribers have given consent as required by law (including CAN-SPAM, GDPR, and similar rules where they apply) and will not ask the Sender to email purchased or scraped lists. The Sender will include required unsubscribe links and sender information in every email.

Deliverability

The Sender follows deliverability best practice but does not control inbox placement, which depends on list quality, sending history, and mailbox providers. The Sender is not responsible for account suspensions caused by list quality.

Payment Terms

The total fee for this engagement is $2,400.00. Monthly management fees are billed in advance.

A deposit of $720.00 is due before work begins. The remaining balance is due upon completion and delivery of the final work, unless otherwise agreed in writing.

Invoices are payable within 7 days of receipt. Late payments may accrue a 1.5% monthly late fee, and work may be paused until outstanding balances are settled.

Revisions

This engagement includes 2 rounds of revisions on the agreed deliverables. Additional revision rounds, or changes that materially expand the scope described in a full redesign of the Acme Bakery marketing website, including a new homepage, menu page, and online ordering integration, will be quoted separately and require written approval before work begins.

Revision requests should be consolidated and submitted together where possible, to keep the project on schedule.

Ownership & Intellectual Property

Upon receipt of full payment, all final deliverables produced under this agreement become the property of the Client, who receives full rights to use, reproduce, and modify them for their intended purpose.

Until full payment is received, all work product remains the property of the Sender. The Sender retains the right to display the work in their portfolio and marketing materials unless the Client requests otherwise in writing.

Any third-party assets used (fonts, stock media, libraries) remain subject to their own original licenses.

Confidentiality

Both parties agree to keep confidential any non-public business, technical, or financial information shared during this engagement, and to use it only for the purpose of completing the work described in a full redesign of the Acme Bakery marketing website, including a new homepage, menu page, and online ordering integration.

This obligation survives the completion or termination of this agreement and continues for 2 years afterward.

Termination

Either party may terminate this agreement with 14 days' written notice. If the Client terminates before completion, the Sender will be paid for all work completed up to the termination date, and the deposit is non-refundable.

If the Sender terminates, any portion of the deposit exceeding the value of work already completed will be refunded to the Client within 14 days.

Independent Contractor Relationship

The Sender is engaged as an independent contractor, not an employee, partner, or agent of the Client. The Sender is responsible for their own taxes, insurance, and benefits, and is free to accept other engagements during the term of this agreement, provided they do not conflict with the confidentiality obligations above.

Governing Law & Entire Agreement

This agreement is governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

This document represents the entire agreement between the parties regarding a full redesign of the Acme Bakery marketing website, including a new homepage, menu page, and online ordering integration and supersedes any prior discussions or proposals. Any changes must be made in writing and agreed to by both parties.

By signing below, both parties confirm they have read, understood, and agree to the terms above.

FAQ

Who is responsible for GDPR consent on the email list?

The client, who owns the list. This template has them confirm consent and forbids purchased or scraped lists.

Can emails go out without client approval?

Not under this template. Every email needs the client's approval of the final version.

What if the email platform suspends the account?

The Deliverability clause says you're not responsible for suspensions caused by list quality.

Is this Email Marketing Agreement legally binding?

Yes. Signatures collected through Clinch are Simple Electronic Signatures, valid for standard business contracts under the US ESIGN Act and the EU's eIDAS regulation. See our legality page for the full picture.

Can I customize this template?

Every section is editable before you send it — add, remove, or rewrite clauses, and fill in your own fees, deadline, and party details. Nothing is locked until you send it for signature.

How do I send it for signing?

Click "Use this template," edit the details, and send it — your client signs from their phone in about 30 seconds, no account required on their end.

Is it really free?

Yes — every Clinch account can send contracts for free (see /pricing for the exact monthly limit). No credit card required to start.

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