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Marketing Collaboration Agreement template
Marketing Collaboration Agreement sample


What is Marketing Collaboration Agreement?

Marketing Collaboration Agreement An agreement for collaboration on marketing efforts, specifying collaborative strategies, marketing channels, shared resources, and responsibilities.



Sample template:



MARKETING COLLABORATION AGREEMENT


This Marketing Collaboration Agreement (the "Agreement") is entered into as of [Date], by and between ACME Corporation, a [State] corporation having its principal place of business at [Address] ("ACME"), and Homenick Inc, a [State] corporation having its principal place of business at [Address] ("Homenick") (individually, a "Party" and collectively, the "Parties").

1. PURPOSE

The purpose of this Agreement is to establish a framework for the Parties to collaborate on joint marketing efforts aimed at increasing the visibility and market penetration of the products and services offered by the Parties.



2. MARKETING STRATEGIES

2.1 Joint Marketing Activities


During the Term, the Parties will undertake joint marketing activities, including, but not limited to, the development and distribution of promotional materials, participation in trade shows and industry events, and joint advertising campaigns (collectively, the "Joint Marketing Activities").



2.2 Specific Marketing Initiatives


The Parties will develop and agree on an annual marketing plan outlining the specific marketing initiatives to be undertaken during the Term. Such marketing plan may be amended during the Term as agreed upon by the Parties in writing.



3. SHARED RESOURCES

3.1 Allocation of Resources


The Parties will each allocate personnel, equipment, and any other necessary resources for the execution of the Joint Marketing Activities as agreed upon in the annual marketing plan. The allocation of resources, including any associated costs, will be shared equally by the Parties, unless otherwise stated in the annual marketing plan.



3.2 Use of Third-Party Providers


Any use of third-party providers for marketing support must be mutually agreed upon by the Parties in writing. The costs and responsibilities associated with third-party providers will be negotiated on a case-by-case basis, and a Party shall not incur expenses or engage in activities on behalf of the other Party without obtaining prior written approval.



4. RESPONSIBILITIES

4.1 Cooperation and Coordination


The Parties will work together in good faith to coordinate and execute the Joint Marketing Activities. Each Party will designate a representative to act as the primary point of contact for all matters related to this Agreement.



4.2 Compliance with Laws


Each Party will be responsible for complying with all applicable laws, regulations, and governmental requirements in its respective jurisdiction in connection with the performance of its obligations under this Agreement. Neither Party shall take any action that would cause the other Party to be in violation of any applicable laws or regulations.



4.3 Intellectual Property


Unless otherwise agreed in writing, each Party retains ownership of its respective intellectual property rights ("IPR") and grants the other Party a non-exclusive, royalty-free, non-transferable license to use its IPR for the purposes contemplated by this Agreement. Neither Party shall use the other Party's IPR in any manner that is not expressly authorized by this Agreement or that could result in any damage or detriment to the owner's IPR.



5. REVENUE SHARING

5.1 Revenue Sharing Formula


Any revenues generated as a direct result of the Joint Marketing Activities (the "Revenues") shall be shared between the Parties as follows: [INSERT REVENUE SHARING FORMULA (e.g., percentage, fixed amount, etc.)]. The Parties will maintain accurate records to support the calculation of such Revenues, and shall periodically provide each other with access to such records to validate the revenue-sharing payments.



5.2 Payments


The revenue-sharing payments will be made on a [quarterly/annual] basis, no later than [number] days after the end of the relevant period. Such payments will be accompanied by a report detailing the calculation of the Revenues and the corresponding revenue-sharing amounts.



6. TERM AND TERMINATION

6.1 Term


This Agreement shall commence on the Effective Date and continue for a period of [number] years (the "Term"), unless terminated earlier pursuant to the provisions of this Section.



6.2 Termination for Convenience


Either Party may terminate this Agreement without cause upon [number] days' written notice to the other Party.



6.3 Termination for Cause


Either Party may terminate this Agreement upon written notice if the other Party breaches any material term or condition of this Agreement and fails to cure such breach within [number] days after receipt of written notice of the same.



6.4 Effects of Termination


Upon termination of this Agreement for any reason, each Party shall promptly return or destroy, as directed by the other Party, all copies of the other Party's Confidential Information and IPR in its possession or control.



7. CONFIDENTIALITY

Each Party agrees to maintain the confidentiality of any non-public information received from the other Party or developed in the course of performing its obligations under this Agreement ("Confidential Information"), and to use such Confidential Information for the purposes contemplated by this Agreement and for no other purpose. This obligation will survive the termination or expiration of this Agreement.



8. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the United States, without regard to its conflicts of law principles. Any disputes arising out of or in connection with this Agreement will be resolved through good faith negotiations between the Parties, and if not resolved within [number] days, shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, with each Party bearing its own arbitration costs and expenses.



9. MISCELLANEOUS

9.1 Entire Agreement


This Agreement, together with any attachments or schedules, constitutes the entire understanding and agreement between the Parties with respect to its subject matter, and supersedes any prior oral or written understandings or agreements relating to the same.



9.2 Amendment


This Agreement may only be amended or modified by a written instrument signed by both Parties.



9.3 Assignment


Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld.



9.4 Notices


All notices, requests, and other communications required or permitted under this Agreement shall be in writing and deemed duly given upon receipt by the receiving Party, when delivered personally, by overnight courier, or by email to the addresses set forth on the first page hereof.



9.5 Severability


If any term or provision of this Agreement is found to be invalid, illegal, or unenforceable, the remainder of this Agreement will continue in full force and effect, and such invalid, illegal, or unenforceable term or provision will be deemed modified to the extent necessary to render it valid, legal, and enforceable.



9.6 No Waiver


The failure of either Party to enforce any term of this Agreement shall not be construed as a waiver of such term or the right to enforce it at any subsequent time.



9.7 Counterparts


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



IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.

_____________________________ _____________________________
ACME CORPORATION HOMENICK INC
By: ________________________ By: ________________________
Name: ________________________ Name: ________________________
Title: ________________________ Title: ________________________

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Main Sections of a Marketing Collaboration Agreement


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

  1. Purpose
  2. Marketing Strategies
  3. Shared Resources
  4. Responsibilities
  5. Revenue Sharing
  6. Term and Termination
  7. Confidentiality
  8. Governing Law and Dispute Resolution
  9. Miscellaneous


About each Section - Analysis and Summary:

  1. Purpose : This section explains the main goal of the agreement, which is to create a partnership between the two companies to work together on marketing efforts to increase visibility and market penetration of their products and services.

  2. Marketing Strategies : This section outlines the joint marketing activities the companies will undertake, such as promotional materials, trade shows, and advertising campaigns. It also states that the parties will develop an annual marketing plan with specific initiatives to be agreed upon in writing.

  3. Shared Resources : This section explains how the companies will allocate resources, such as personnel and equipment, for the joint marketing activities. It also covers the use of third-party providers, which must be agreed upon in writing, and the associated costs and responsibilities.

  4. Responsibilities : This section outlines the responsibilities of each party, including cooperation and coordination, compliance with laws, and intellectual property rights. Each party retains ownership of its intellectual property and grants the other a non-exclusive license to use it for the purposes of the agreement.

  5. Revenue Sharing : This section describes how the revenues generated from the joint marketing activities will be shared between the parties, using a specific formula. It also covers the record-keeping and payment process for revenue sharing.

  6. Term and Termination : This section states the duration of the agreement and the conditions under which it can be terminated, either for convenience or for cause. It also outlines the effects of termination, such as the return or destruction of confidential information and intellectual property.

  7. Confidentiality : This section requires each party to maintain the confidentiality of non-public information received from the other party or developed during the course of the agreement. This obligation continues even after the termination or expiration of the agreement.

  8. Governing Law and Dispute Resolution : This section states that the agreement is governed by the laws of the United States and that any disputes will be resolved through negotiation or binding arbitration, with each party bearing its own costs and expenses.

  9. Miscellaneous : This section covers various additional terms, such as the entire agreement, amendment, assignment, notices, severability, no waiver, and counterparts. It clarifies that the agreement can only be amended in writing, and that neither party can assign its rights or obligations without the other's consent.

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