Marketing agencies get stiffed when clients confuse “no miracle” with “no payment.” Use this console to diagnose soft-scam behavior, cite contract logic (“no guarantee of results”), and pull together a calm demand letter that defends your work without torching every bridge.

Post-Hoc KPI

Client invents a new target (“5x ROAS or we don’t pay”) after approving scope that never promised it.

Moving Target

They change strategy weekly, ignore advice, then blame you when the Frankenstein plan underperforms.

Budget Freeze

Internal politics kill spend, but instead of owning the decision they rebrand it as “campaign failed.”

Ghosting

Work is live, invoices sent, and suddenly emails vanish—your deck is in their board meeting while they pretend it “didn’t work.”

Spot it early: Document approvals, scope changes, and every “love it!” email. Those receipts dismantle later claims that nothing was delivered.

No-Guarantee Clauses

Modern agency terms (see tradition.agency) explicitly state that outcomes like revenue, traffic, rankings aren’t promised.

Deliverables vs Outcomes

Courts treat marketing agreements as service contracts: you owe professional execution, not a guaranteed spike in sales (Lexology).

Quantum Meruit

If scope was informal, you can still claim the reasonable value of services the client requested and is using (Cornell LII).

Unjust Enrichment

Clients can’t keep decks, creative, or campaigns live without paying—society disfavors that windfall (Florida Bar explainer).

Contract Upgrades
Future engagements should (1) define scope in tasks/deliverables, (2) describe performance as “commercially reasonable efforts,” (3) include a “no guarantee of results” clause, and (4) align fees with phases so clients can’t hold the whole budget hostage over disappointment.
Regulatory Watch
If you market with “guaranteed results” claims, you may fall under FTC earnings rules. Clean up your own sales copy so your demand letter isn’t undermined by exaggerated promises.
Pretext Risk: Medium Approvals in writing, campaign ran as scoped, complaints only arrived with invoice → push for payment, offer structured compromise if needed.

Toggle the facts that match your situation:

Scope Delivered

Strategy decks, creative, and media plan approved + launched as agreed.

Late Complaints

Performance gripes surfaced only after invoices were sent.

Documented Issues

You noted platform/budget limits and client opted to proceed anyway.

Internal Cash Excuses

“Finance froze spend” or “new leadership” cited > actual performance data.

Agency Misses

Major deliverables late/unfinished? Toggle to reduce risk score.

Partial Refund Offered

You already proposed a concession tied to specific issues.

How to read it: High risk score = likely pretext → stick to contract, demand payment. Low/negative = fix your own misses first.

Demand Letter Framework

Recap engagement → list work delivered/approved → note “no results” clause → state unpaid invoices → propose resolution (full payment / structured plan) → reserve rights if ignored.

Engagement Recap
Identify campaign, timeframe, and scope (“strategy, creative, and paid social execution for Q1 launch per SOW signed Jan 3”). Mention the clause (or understanding) that marketing results can’t be guaranteed.
Work & Approvals
Bullet major milestones, approvals, and launch dates. “Feb 6: creative approved; Feb 9: Meta/Google campaigns launched; weekly reports delivered Feb–Mar.”
Payment Status
List invoice numbers/dates and amounts outstanding. Quote emails where finance acknowledged receipt but withheld payment citing “no results.”
Resolution Proposal
Request payment in full by a date or propose a short plan (e.g., 50% now, 50% in 30 days). Optionally offer a small courtesy discount if paid immediately. State that absent resolution you’ll explore legal recovery.
Voice sample: “We executed the campaign you approved, and your team has been using the assets since March. Results were short of goals, but our agreement never made payment contingent on specific ROI. Please clear invoices #1045–1047 totaling $48,900 by June 21 or send a concrete plan—silence isn’t an option.”

Evidence Checklist

Contract/SOW
Scope, fee, and any “no guarantee” clause.
Approvals
Client emails/Slack approving strategy, creative, media plans.
Launch & Report Logs
Platform screenshots, reports showing campaigns ran.
Invoice Trail
Issued invoices, payment promises, partial receipts.
Complaint Timeline
When performance issues were first raised; note if after invoices.
Usage Proof
Live URLs, ads, or brand assets showing client still using your work.

Resources

Example agency TOS (no guarantee clause) Selene the Lawyer: Marketing contract tips Lexology summary: agency liability Cornell LII: Quantum meruit Florida Bar: Unjust enrichment explainer FTC Advertising Guide (for “guarantee” claims)