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Joint Marketing Agreement template
Joint Marketing Agreement sample


What is Joint Marketing Agreement?

Joint Marketing Agreement A Joint Marketing Agreement formalizes marketing collaborations between businesses, specifying marketing activities, cost-sharing, and revenue-sharing arrangements.



Sample template:



JOINT MARKETING AGREEMENT


THIS JOINT MARKETING AGREEMENT
(hereinafter referred to as the "Agreement") is made and entered into as of [Effective Date], by and between Stellar Solutions Inc., a company incorporated under the laws of the United States (hereinafter referred to as "Stellar"), and Horizon Innovations Group LLC, a company incorporated under the laws of the United States (hereinafter referred to as "Horizon"). Collectively, Stellar and Horizon shall be referred to as the "Parties" and individually as a "Party".

1. PURPOSE

The purpose of this Agreement is to establish the terms and conditions under which the Parties agree to collaborate in the marketing of their products and services.



2. MARKETING ACTIVITIES

2.1. Marketing Collaboration


During the term of this Agreement, the Parties shall promote and market each other's products and services as well as collaborate on joint marketing campaigns, events, and activities in accordance with this Agreement.



2.2. Marketing Materials


Each Party shall develop and provide its own marketing materials for use in the marketing activities. Each Party agrees to give the other Party the right to use its logo, trademarks, and other marketing materials, subject to the providing Party's approval (which shall not be unreasonably withheld), and only for the purposes associated with this Agreement.



3. COST AND REVENUE SHARING

3.1. Cost-Sharing


Each Party shall bear its own costs and expenses incurred in the performance of its obligations under this Agreement. For joint marketing activities, the Parties shall agree in writing on the proportion of costs to be shared by each Party, which shall be set forth in a joint marketing campaign plan or other written document agreed to by the Parties.



3.2. Revenue-Sharing


The Parties agree to share revenue generated from joint marketing activities as per the following terms:


(a) Revenue generated through the sale of Stellar's products or services to customers referred by Horizon shall be shared with Horizon, such that Horizon receives [_%] of the total revenue generated from the sale to the referred customers.


(b) Revenue generated through the sale of Horizon's products or services to customers referred by Stellar shall be shared with Stellar, such that Stellar receives [_%] of the total revenue generated from the sale to the referred customers.


(c) Revenue-sharing terms for any other joint marketing activities shall be agreed upon in writing by the Parties prior to the occurrence of such activities.



4. CAMPAIGN DETAILS

The specific details of each joint marketing campaign shall be agreed upon in writing by the Parties prior to the commencement of any such campaign. Such details shall include, but not be limited to, the campaign's objectives, target audience, budget, timeline, and deliverables.



5. CONFIDENTIALITY

Each Party acknowledges that, during the course of this Agreement, it may receive Confidential Information from the other Party. For the purposes of this Agreement, "Confidential Information" includes any non-public, proprietary, or confidential information that is disclosed by one Party to the other, whether in written, oral, electronic, or other form. Each Party agrees to hold the other's Confidential Information in strict confidence and not to disclose such information to any third party without the disclosing Party's prior written consent, except as required by law.



6. TERM AND TERMINATION

6.1. Term


This Agreement shall commence on the Effective Date and shall continue for a period of one (1) year, unless terminated earlier in accordance with the provisions of this Agreement. This Agreement may be extended by mutual written agreement of the Parties.



6.2. Termination for Convenience


Either Party may terminate this Agreement for any reason by providing the other Party with thirty (30) days' prior written notice.



6.3. Termination for Breach


Either Party may terminate this Agreement upon written notice to the other Party if the other Party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice of the breach.



7. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the United States, without giving effect to any choice or conflict of law provisions or rule that would cause the application of the laws of any jurisdiction other than the United States.



8. INDEMNIFICATION

Each Party shall indemnify, defend, and hold harmless the other Party from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to any breach of this Agreement or any negligent or wrongful act or omission by the indemnifying Party, its employees, or agents.



9. MISCELLANEOUS

9.1. Entire Agreement


This Agreement constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes all prior representations, agreements, and understandings, whether written or oral, relating to the subject matter of this Agreement.



9.2. Amendments


This Agreement may be amended only by a written instrument executed by both Parties.



9.3. Waiver


No delay, neglect, or forbearance on the part of either Party in enforcing any term or condition of this Agreement shall be deemed to be a waiver or in any way prejudice any right of that Party under this Agreement.



9.4. Notices


All notices, requests, or other communications required or permitted by this Agreement shall be in writing and shall be deemed given when delivered personally, sent by facsimile or email with confirmation of receipt, or three (3) days after being mailed by certified or registered mail, postage prepaid, return receipt requested, addressed to the respective Parties at their designated addresses as specified in this Agreement or at such other address as may be designated by written notice to the other Party.



9.5. Severability


If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect without being impaired or invalidated in any way.



9.6. Counterparts


This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.



9.7. Force Majeure


Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent such failure or delay is caused by events beyond the reasonable control of the affected Party, including, without limitation, acts of God, war, terrorism, civil unrest, or governmental actions.



IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.



Stellar Solutions Inc


By: ________________________________


Name: ______________________________


Title: _______________________________


Date: _______________________________



Horizon Innovations Group LLC


By: ________________________________


Name: ______________________________


Title: _______________________________


Date: _______________________________

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Sections of a Joint Marketing Agreement


In this Joint Marketing Agreement, you will see the following sections:

  1. Purpose
  2. Marketing Activities
  3. Cost and Revenue Sharing
  4. Campaign Details
  5. Confidentiality
  6. Term and Termination
  7. Governing Law
  8. Indemnification
  9. Miscellaneous


Summary of the sections:

  1. Purpose : This section explains the main goal of the agreement, which is to establish the terms and conditions for the collaboration between the two parties in marketing their products and services.

  2. Marketing Activities : This section outlines the marketing collaboration between the parties, including joint marketing campaigns, events, and activities. It also covers the use of each party's marketing materials, logos, and trademarks.

  3. Cost and Revenue Sharing : This section details how the parties will share costs and revenues generated from joint marketing activities. It specifies the percentage of revenue each party will receive from sales made to customers referred by the other party.

  4. Campaign Details : This section states that the specific details of each joint marketing campaign, such as objectives, target audience, budget, timeline, and deliverables, must be agreed upon in writing by both parties before the campaign begins.

  5. Confidentiality : This section highlights the importance of keeping each party's confidential information private and not disclosing it to third parties without prior written consent, except when required by law.

  6. Term and Termination : This section explains the duration of the agreement (one year) and the conditions under which it can be terminated, such as for convenience, breach, or by mutual agreement to extend the term.

  7. Governing Law : This section states that the agreement will be governed by and construed in accordance with the laws of the United States.

  8. Indemnification : This section requires each party to indemnify, defend, and hold the other party harmless from any claims, losses, damages, liabilities, costs, and expenses (including attorney's fees) arising from any breach of the agreement or any negligent or wrongful act or omission by the indemnifying party, its employees, or agents.

  9. Miscellaneous : This section covers various additional terms, such as the entire agreement, amendments, waiver, notices, severability, counterparts, and force majeure. It also includes the execution of the agreement by both parties.

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