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How to write your Email Marketing Creative by Designer Agreement
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Use cases for this template
Lighthouse Outfitters and North Coast Creative reboot a welcome series to win back attention
The Challenge
Lighthouse Outfitters' email lists were messy, open rates were sliding, and on mobile devices, the message and visuals broke, hurting brand identity and click-throughs; the owner wanted a personal touch and personalized emails that felt relevant to the right people but lacked a clear project timeline, design tips, and a reliable way to track engagement.
The Solution
They engaged North Coast Creative under the Email Creative and Design Services Agreement and used Proposal Kit to assemble the supporting scope, budget, and campaign plan documents; the team relied on Proposal Kit's line-item quoting to price templates, compatibility testing, and b testing, and used the AI Writer to draft a high level lifecycle plan, a personalization matrix, and a blog article outlining subject line practices and cta button placement.
The Implementation
Designers built responsive email design in Adobe Photoshop with accessible typography, web safe fonts, alt text, concise body copy, and call to action buttons that stood out; an email builder integrated dynamic content, animated gifs, and interactive content while keeping file size lean for every screen size; Proposal Kit produced weekly status notes, a testing study, and stakeholder reports so the primary contact could answer concerns by phone or email and keep the schedule on track.
The Outcome
The welcome emails launched on time, click-throughs rose, unsubscribe rates fell, and valuable content began to nurture leads into a loyal customer base; Lighthouse gained actionable insights on subject lines and placement, improved customer satisfaction, and built credibility that boosted revenue without extra spend.
ZephyrFlow and BrightPixel use segmentation to revive a fading product trial
The Challenge
SaaS startup ZephyrFlow saw trial users stop interacting, and the team worried their email content sounded generic to diverse audiences across locations; they needed a unique way to communicate, align internal creators, and implement email automation without slowing productivity or breaking compliance.
The Solution
BrightPixel signed the service agreement and then used Proposal Kit to generate a detailed deliverables form, a technical compatibility checklist, and a multi-phase strategy report; the AI Writer created a study for A/B tests on compelling subject lines, tone, and timing, plus tutorials that explained design work, accessibility practices, and how to scan metrics to analyze effectiveness.
The Implementation
Segments based on preferences and behavior received personalized recommendations, interactive elements, videos, and helpful advice delivered by a consistent sender; dynamic content and follow-ups promoted features at the right moments in the conversion funnel, while Proposal Kit documents captured decisions, prompts, and distribution steps so the organization could collaborate and respond quickly.
The Outcome
Open rates, click-throughs, and trials-to-paid conversions improved, prospects engaged in richer conversations, and ZephyrFlow could rely on timely reports to decide what to scale next; the team strengthened relationships with current customers and created a great example of effective email marketing that enhanced life for both marketers and consumers.
Aurora Fine Foods and Orbit Marketing sprint to a one-week flash sale
The Challenge
Aurora Fine Foods needed a nationwide flash sale in a week, targeting different locations with accessible, visually appealing emails that would load fast, stand out in the inbox, and drive direct traffic to the site, all while keeping the message consistent across social media and email platforms.
The Solution
Orbit Marketing executed the agreement and used Proposal Kit to assemble a rapid project timeline, distribution checklist, and campaign risk notes; line-item quoting clarified costs for templates, alt text audits, and client testing, while the AI Writer produced a landing-page brief, a blog post, and a post-campaign report outline to capture insights and compile results.
The Implementation
Designers created emails with a clear color palette, concise copy, interactive elements, and cta buttons tuned for mobile responsiveness; segments received personalized emails by location, and automation scheduled sends to reach interested subscribers at crucial times; Proposal Kit documents kept the team aligned, ensuring every person knew their task and the client had easy access to contact info and deliverables.
The Outcome
The campaign achieved high ROI with stronger open rates and click-throughs, opt-ins increased, and Aurora gained actionable data to optimize future campaigns; the structured documentation made the process efficient, reduced stress, and provided an exclusive, repeatable framework they can leverage for the next launch.
Abstract
This Email Creative and Design Services Agreement defines how a designer delivers email marketing services for a customer's marketing efforts. It sets the scope in a Specifications exhibit, covering design mockups, a final concept for each email template or content piece, and compatibility testing across standard email platforms like Outlook and popular webmail. The contract lets the customer request extra mockups for a fee and requires the designer to show test results via screenshots or a live login. These steps support brand consistency, visual appeal, and responsive design so email campaigns render properly for subscribers on desktop and mobile devices.
The agreement separates responsibilities. The designer focuses on creative work-design topics, templates, and initial content assistance, and bills extras at an hourly rate. The customer supplies logos, text, and other assets and remains responsible for how future content affects campaign performance.
The contract makes clear there is no guarantee of results, and rendering is limited to current client builds; interference from security tools or device settings is outside the designer's control. Confidentiality provisions protect the designer's trade secrets. Ownership terms allow the customer to use output files, while the designer retains unused concepts and source files. The designer may use completed work and campaign data for promotional purposes.
Payment terms appear in a separate exhibit. Missed payments allow the designer to withhold deliverables or terminate the contract. The customer indemnifies the designer for issues tied to customer-supplied materials or third-party services.
A right of refusal and acceptable use policy support compliance with industry standards and law. Both parties act as independent businesses, and the contract includes governing law, good faith, and a 30-day termination clause.
Use cases include a marketing agency hiring a creative team to design a welcome series, flash sale emails, and cart emails; a retailer seeking mobile optimization and web safe fonts to boost open rates, click through rates, and conversions; or digital marketers needing consistent email templates, compelling subject lines, clear calls to action, alt text, and user friendly design to engage subscribers and optimize future campaigns using email engagement data.
Proposal Kit helps organizations assemble agreements and scopes, add automated line-item quoting, and use an AI Writer to build supporting documents such as briefs and estimates. Its extensive template library and ease of use streamline document creation for teams planning effective email campaigns aligned with business goals.
Beyond scope and testing, this agreement gives email marketing professionals a structure to plan successful email marketing campaigns tied to a clear email marketing strategy and project timeline. Defining how the creative team will create emails helps align brand identity, audience focus, and design work with customer needs. That leads to effective email marketing campaigns that use good subject lines, compelling content, and body copy that speaks to the target audience.
Designers can create visually appealing templates with responsive email design, mobile responsiveness, and email design best practices such as white space, typography, a consistent color palette, and clear call-to-action buttons. Interactive topics, animated GIFs, and dynamic content can encourage engagement while controlling file size for fast loads across different apps and screen sizes.
In practice, an email marketer may use Adobe Photoshop, an email builder, and AI tools to design emails, personalize emails, and implement email automation for welcome emails, follow-ups, and promotion sequences that nurture leads. Teams can run A/B testing on the subject line, cta button placement, and message tone, analyze results, and track engagement, click-throughs, and inbox performance to optimize distribution and ultimately improve sales and high roi. Segmentation by preferences, location, and behavior lets brands send emails with personalized recommendations to email subscribers and current customers, building trust and customer loyalty across the conversion funnel. Including helpful advice, links to a website or blog post, videos, surveys, and concise design tips can produce engaging experiences that inform readers, satisfy unique needs, and convert prospects into loyal customers.
For potential clients, this contract is a powerful tool to manage the schedule, communicate expectations, define deliverables, and maintain quality standards. It supports consistent communications across social media and online channels, aligns creators, and makes it easier to implement practices that reflect the brand's style and voice. Use cases include targeted product launches, refer-a-friend promotion sequences, and lifecycle programs that capture insights, reduce common mistakes, and scale operations without extra stress or spend.
Proposal Kit can streamline this work. Teams can assemble the contract, the scope, and forms; add automated line-item quoting; and leverage the AI Writer to generate drafts of briefs, articles, and welcome-series outlines that align with business goals. Its template library helps organizations save time, stay organized, and showcase a professional, consistent approach to effective email marketing.
Adding to the bigger picture, this contract operates as a practical marketing tool that aligns graphic design, creativity, and expertise with a business objective: producing valuable and interactive content that feels relevant to the right people. Clear exhibits and approvals give both sides the ability to decide, at a high level, what email content will launch, when it will happen, and how visuals, personalization, and accessibility standards will be handled. Defining what assets the customer must provide ensures timely access to logos, copy, and site references, reducing worry and making life easier for the creative team. Naming a primary contact and expected response windows is a great example of how organizations can streamline conversations, gather notes, and keep the project on schedule week by week.
For execution, teams can leverage personalization to deliver personalized emails to segments drawn from email lists while maintaining a consistent sender identity and tone. The agreement's structure supports the tasks that affect success: writing concise body copy, creating visuals that stand out, and deploying interactive content in a unique way that enhances the email experience without adding technical risk. A small file size, accessible typography, and clear opt language give consumers a smooth, direct path from inbox to site, improving satisfaction and click-throughs.
Brands can promote timely offers, share an article or download, or point to tutorials that remind interested prospects to join a program. When creators connect the message to the customer base's preferences and location, they build credibility and relationship strength that can increase revenue and productivity over time.
Proposal Kit can help teams organize this work, from assembling the agreement and scope to documenting deliverables and budgets. Its template library, automated line-item quoting, and AI Writer provide actionable prompts that save time, improve efficiency, and help teams explain requirements, align stakeholders, and fulfill expectations- an advantage when you hire a designer, manage a launch, and leverage LinkedIn or Google traffic to capture and convert demand.
Writing the Email Marketing Creative by Designer Agreement document - The Narrative
EMAIL CREATIVE AND DESIGN SERVICES AGREEMENT
THIS AGREEMENT is made this Current Day day of Current Month, Current Year by and between Company Name ("Designer") and Company Name ("Customer"). Designer is in the business of providing Email Creative and Design services for a fee. Customer desires to have Designer render certain Email Creative and Design Services (the "Services") as set forth in the Specifications ("Exhibit B"). Designer desires to render Email Creative Services as set forth in Exhibit B.
In consideration of the mutual covenants set forth in this Agreement, Customer and Designer hereby agree as follows.
Engagement of Services
Designer agrees to render to Customer Email Creative and Design Services, including:
Create Insert Design Mockup and Comp Count design mockups and comps for all templates or content to be created or used in future Email Marketing, Email Marketing Campaigns, Ad-hoc, individual sending of email or any other use that the Customer deems significant and required in the Specifications. Create a final design concept for each template or content based on the feedback from the initial number of design mockups. Customer may request additional design mockups beyond the initial number of design mockups for an additional fee of Insert Rate for Additional Mockups per mockup.
Conduct compatibility testing for all templates or components across an agreed number of standard email clients. Standard email clients may include, but are not limited to: Outlook, Thunderbird (Mac and PC), Eudora, Mac Mail, Web-based email clients (Gmail, Yahoo, Hotmail, Horde, Open Web Mail) and any others required in the Specifications. For the purpose of this Agreement compatibility testing shall be LIMITED to just the Email Creative Services, templates or other components created by Designer under this Agreement. Designer is not responsible for the compatibility of any future content Customer may use in connection with the Email Creative and Design Services provided by Designer.
Compatibility testing shall also be limited to current available builds of email clients and Designer shall not be responsible for how any template or content provided to customer renders or displays in future email clients. Demonstrate to Customer the results of all compatibility testing by either the use of screenshots sent to the customer, or through a live login to a provided email account or email client. Work with Customer's marketing department in order to aid initial content creation and development and present results to Customer for approval. Provide a detailed accounting for all pre-approved expenses associated with the services, as described in the Specifications.
Expenses may include, but are not limited to: Stock and Royalty-Free photography, third-party testing services, additional templates and source code, any third-party contractors or sub-contractors required for fulfillment of the Specifications, and all transportation, courier or transit charges. Audit all invoices and expenses provided by third-party vendors to ensure accuracy. Provide other services as Customer may request from time to time, such as content creation, assistance to Customer's staff and employees, market research, analysis, or additional project consulting.
All services are subject to Designer's hourly rate of Hourly Rate per hour. Execute all other creative and design services as agreed upon in Exhibit B.
Specifications
Designer agrees to develop the Email Creative and Design Services pursuant to the specifications set forth in Exhibit B attached hereto (the "Specifications"). All services not included in the Specifications shall be deemed to be "extra" and subject to the Designer's hourly billable rate.
Services Completion
Designer will use reasonable diligence in the development of the Email Creative and Design Services and endeavor to deliver to Customer all agreed-upon specifications (or "Milestones") outlined in Exhibit B no later than Delivery Date. Customer acknowledges, however, that this delivery deadline and the other payment milestones listed in Exhibit A are estimates, and are not required delivery dates. Designer will retain all creative source code, original works, files, digital media and other intellectual property for the entire project and provide Customer with the output formats only. Customer shall retain all of its intellectual property rights in any logos, graphics, text, images, or other components it owns and transmits to Designer for use in fulfillment or creation of services.
Ownership Rights
Designer shall endeavor to ensure that Customer shall be able to retain, under the fullest extent under the law, any and all intellectual property rights in any text, images, or other components created for Customer pursuant to this Agreement. Customer agrees that any material, content, plan, or idea prepared by Designer or submitted to Customer for approval at any stage that is not utilized at the termination of this Agreement shall remain the property of Designer. Customer agrees to return to Designer any materials it may have of Designer's, such as artwork, mockups, comps, text, digital media, film, photos, or any other physical embodiment of Designer's creative work performed while under this Agreement.
Upon termination or expiration of this Agreement, Customer agrees to be solely responsible for any additional use of materials and advertisements created by Designer pursuant to this Agreement. Additional expenses may include but are not limited to: fees, licenses, translations, royalties, talent, and other associated fees. Designer's obligation in 4.a shall not apply with any respect to foreign use.
Compensation
For all of Designer's services under this Agreement, Customer shall compensate Designer, in cash, pursuant to the terms of Exhibit A attached hereto. In the event Customer fails to make any payment referenced in Exhibit A by the deadline set forth in Exhibit A, Designer has the right, but is not obligated, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) withhold all materials, services, and creative content administered by Designer on behalf of Customer, or (3) bring legal action.
Confidentiality
Customer and Designer acknowledge and agree that the Specifications and all other documents and information related to the engagement of marketing or advertisement development (the "Confidential Information") will constitute valuable trade secrets of Designer. Customer shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without Designer's prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information. Excluded from the Confidential Information definition is anything that can be seen by the public in any advertising medium or channel prior to the engagement of Designer to provide services, or information that was provided to Designer by Customer for publication as a requirement of fulfillment of the Specifications.
Limited Warranty and Limitation on Damages
Customer agrees to indemnify and hold Designer harmless with respect to any claim, loss, lawsuit, liability or judgment suffered by Customer that results from the use of any material prepared or execution of service by Designer or at the direction of Designer that has been materially changed from the Specifications by any vendors, employees, advertisers, publishers, hosts, radio and television broadcasts, quotes, testimonials, print journalism, or other third-party entity. Customer further agrees to indemnify and hold Designer harmless with respect to any results, display or rendering issues, compatibility issues or any other design problem or issue resulting from the use of any Email Creative and Design Services, Template or Content provided to Customer by Designer. Designer shall provide an example of how each email client or browser displays the Email Creative and Design Services to the Customer and also provide the opportunity to sign off with Customer's approval of such.
Demonstration that the Email Creative and Design Services render and display correctly in one particular email client or browser does not mean that they will display for every possible instance, user or configuration that may exist. Customer further acknowledges that Designer is not responsible for interference from any recipient's Operating System (OS), Web Browser, Firewall, Spyware, Spyware Blocker, Anti-Spam or Anti-Virus programs, security settings, network setting, or anything else that may interfere with the Email Creative and Design Services, Template or Content displaying properly and as intended.
1 Right of Refusal
Designer reserves the right to refuse any service at any time that appears to violate its Acceptable Use Policy (AUP) or appears to violate industry standards, community standards or Local, State, or Federal Law. Designer will make available to Customer its AUP prior to the engagement of this Agreement. Designer reserves the sole right to determine what constitutes a violation of its policies and procedures.
2 No Warranty on Results Obtained from Use of Services
Designer is not responsible for the results obtained from any of the services rendered under this Agreement.
Independent Contractor
Designer will be retained as independent contractor. Designer will be fully responsible for payment of its own income taxes on all compensation earned under this Agreement. Customer will not withhold or pay any income tax, social security tax, or any other payroll taxes on Designer's behalf.
Designer understands that it will not be entitled to any fringe benefits that Customer provides for its employees generally or to any statutory employment benefits, including without limitation, worker's compensation or unemployment insurance.
Resources and Equipment
Customer agrees to make available to Designer, for Designer's use in performing the services required by this Agreement, all logos, graphics, photos, branding, collateral, items of hardware and software as Customer and Designer may agree are reasonably necessary for such purpose.
General Provisions
1 Entire Agreement
This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto.
2 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of State. Exclusive jurisdiction and venue shall be in the County County, State Superior Court.
3 Binding Effect
This Agreement shall be binding upon and inure to the benefit of Customer and Designer and their respective successors and assigns, provided that Designer may not assign any of its obligations under this Agreement without Customer's prior written consent.
4 Waiver
The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party's right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
5 Good Faith
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
6 Right to Withhold Content and Services
In the event Customer fails to make any of the payments set forth on Exhibit A within the time prescribed in Exhibit A, Designer has the right to withhold further content and services performed for or on behalf of Customer until payment in full is made, plus accrued late charges of 1 1/2% per month.
7 Indemnification
Customer warrants that everything it gives Designer to use in fulfillment of services is legally owned or licensed to Customer. Customer agrees to indemnify and hold Designer harmless from any and all claims brought by any third party relating to any aspect of the services, creative content or other content, including but without limitation, any and all demands, liabilities, losses, costs, and claims including attorney's fees, arising out of injury caused by Customer's products/services, material supplied by Customer, copyright infringement, and defective products sold via the advertising or services. Further, Customer agrees to indemnify Designer from responsibility for problems/disruptions caused by third-party services and contractors that Customer may use, such as media buyers, transportation, merchant accounts, shopping carts, shipping, hosting services, real-time credit card processing and other services that relate to the execution of the services by Designer as outlined in this Agreement.
8 Use of Services and Creative Content for Promotional Purposes
Customer grants Designer the right to use the creative content, description of services performed, results of services, and campaign data as it sees fit for promotional purposes.
9 No Responsibility for Theft
Designer has no responsibility for any third party taking all or any part of the content, ideas, or services provided to Customer by Designer.
10 Attorney's Fees
In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement, the prevailing party shall be entitled to recover its actual attorney's fees and costs, including expert witness fees.
11 Term of Agreement
This Agreement shall begin on Start Date and shall continue in full force until terminated by either party upon at least thirty (30) days prior written notice.
The parties represent and warrant that, on the date first written above, they are authorized to enter into this Agreement in its entirety and duly bind their respective principals by their signatures below:
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Ian Lauder has been helping businesses write their proposals and contracts for two decades. Ian is the owner and founder of Proposal Kit, one of the original sources of business proposal and contract software products started in 1997.By Ian Lauder
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