Should You Hold Your Marketing Agency Accountable to ROI? (And Can You?)

If you run an eCommerce brand, chances are you’ve worked with a marketing agency—or thought about it.

Maybe you hired someone to run your paid ads, manage SEO, handle content, or design a conversion-optimized website. And maybe you asked (or wanted to ask):

“So… what exactly am I getting for this $5K/month?”

Totally fair.

In an industry full of jargon, vanity metrics, and vague monthly reports, ROI and performance metrics matter. But can you actually enforce them in a contract? And should you?

Let’s break it down—legally, operationally, and practically—for eCommerce businesses trying to protect their marketing spend.

The Real Problem: Ambiguous Expectations

Most agency contracts include things like:

• Scope of work
• Billing structure
• Timelines

But what they often leave out is clear accountability.

And that’s the problem.

If your agency promises “growth,” “better engagement,” or “increased awareness” without defining how it’s measured, you’re set up for misalignment.

As an eCommerce brand, you’re not buying time or effort—you’re buying outcomes. That doesn’t always mean guaranteed ROI, but it does mean shared clarity on goals and benchmarks.

Can You Enforce ROI in a Marketing Contract?

Short answer: Sort of.

Legally, it’s difficult to hold an agency accountable for specific revenue numbers unless it’s clearly defined in writing (and mutually agreed on).

But you can (and should) structure contracts around performance benchmarks tied to actions or outputs that are in the agency’s control.

What’s Usually Enforceable:

Your best bet? Define success metrics that are directly tied to the agency’s activities, not outcomes that rely on external variables.

What Metrics Should eCommerce Brands Include in Contracts?

Here’s a simple framework you can use to structure performance-focused agreements.

By tying performance to deliverables and timelines, you reduce risk and set up both parties for success.

Why Some Agencies Won’t Guarantee ROI (and Why That’s Okay)

Here’s a reality check: no good agency will guarantee revenue results without controlling the full funnel.

There are too many moving parts—product quality, shipping experience, pricing, inventory, creative assets, brand trust—for any one agency to promise ROI across the board.

But they can and should commit to:

• Best practices
• Consistent reporting
• Measurable outputs
• Proactive strategy

Agencies that avoid even discussing performance? Red flag.

How to Structure a Performance-Friendly Agreement (Without Legal Headaches)

If you want an enforceable, ROI-aware agency relationship, here’s what to include in your next contract or SOW (statement of work):

1. Define Success Metrics

Not vague KPIs. Real benchmarks.

Example:

“Achieve a minimum ROAS of 2.5 across Google Shopping campaigns after 60 days.”

Even better: Define what happens if that number isn’t hit. Is there a review period? Reduced fee? Pivot in strategy?

2. Include Reporting Cadence

Make it clear how often you’ll see performance data.

Example:

“Biweekly reporting including ROAS, spend, conversion rate, A/B test results.”

This prevents surprises and ensures alignment.

3. Outline Deliverables

Agencies can control output. You can hold them accountable to that.

Example:

“Produce 8 creatives/month across 3 ad formats.”
“Audit 5 PDPs and deliver UX recs within 30 days.”

4. Agree on Review Periods

Every good working relationship benefits from a check-in.

Example:

“90-day performance review to evaluate continuation or adjustment of contract.”

This gives you an off-ramp if things go south—and gives the agency space to iterate.

Be Fair, But Be Clear

You’re not asking for magic. You’re asking for transparency, alignment, and measurable value.

The best marketing agencies want to be held accountable—because they know their work performs. The ones that push back on metrics, timelines, or ROI-based conversations? Those are the ones that likely underdeliver.

So next time you review a contract, ask:

• What exactly are they doing?
• How will we measure success?
• What happens if it doesn’t work?

If you can’t answer those questions, you’re not ready to sign.