Joint Marketing Agreement Sample

This Joint Marketing Agreement ("Agreement") is entered into as of [Month Day, Year] (the “Effective Date”), by and between:

[Your Company Name], a [State] corporation, with its principal place of business at [Your Company Address] (“Company A”),

and

Company B, a [State] corporation, with its principal place of business at [Company B Address] (“Company B”).

Company A and Company B may be referred to collectively as the “Parties” or individually as a “Party.”

1. Purpose

The purpose of this Agreement is to establish a collaborative relationship between the Parties for the mutual promotion of their respective products and services through joint marketing activities. The Parties aim to leverage their combined resources and marketing efforts to enhance their market presence and increase sales.

2. Scope of Collaboration

The Parties agree to collaborate on the following marketing activities:

• Co-Branding Initiatives: The Parties will jointly create and promote co-branded marketing materials, including but not limited to, advertisements, brochures, and digital content.

• Promotional Campaigns: The Parties will design and execute joint promotional campaigns, including special offers, discounts, and events.

• Content Sharing: The Parties will exchange and utilize each other’s marketing content and resources, such as blog posts, social media updates, and email newsletters, to broaden their reach.

• Events and Trade Shows: The Parties will collaborate on organizing and participating in joint events, trade shows, and other marketing opportunities.

3. Responsibilities

Company A agrees to:

• Provide marketing support, including design and production of co-branded materials.

• Share its marketing channels, such as social media platforms and email lists, for joint promotional efforts.

• Contribute to the costs of joint marketing activities as outlined in Section 5.

Company B agrees to:

• Provide marketing support, including design and production of co-branded materials.

• Share its marketing channels, such as social media platforms and email lists, for joint promotional efforts.

• Contribute to the costs of joint marketing activities as outlined in Section 5.

4. Intellectual Property

• Ownership: Each Party will retain ownership of its pre-existing intellectual property. Any new intellectual property created as a result of this collaboration will be jointly owned by the Parties, unless otherwise agreed in writing.

• Usage Rights: Each Party grants the other Party a non-exclusive, royalty-free license to use its intellectual property solely for the purposes of this Agreement. This license will terminate upon the expiration or termination of this Agreement.

• Approval: All uses of each Party’s intellectual property must be pre-approved in writing by the owner Party.

5. Financial Arrangements

• Cost Sharing: The Parties will share the costs of joint marketing activities on a 50/50 basis, unless otherwise agreed. Each Party will be responsible for its own internal costs and expenses.

• Invoicing and Payment: Costs will be invoiced monthly by one Party to the other. Payment will be due within thirty (30) days of receipt of the invoice.

• Budget: A detailed budget for each marketing activity will be prepared and agreed upon by both Parties before the commencement of the activity.

6. Confidentiality

• Confidential Information: For the purposes of this Agreement, “Confidential Information” means any non-public information disclosed by one Party to the other Party in connection with this Agreement that is marked as confidential or would reasonably be understood to be confidential.

• Obligations: Each Party agrees to maintain the confidentiality of the other Party’s Confidential Information and to use it solely for the purposes of this Agreement.

• Exceptions: Confidential Information does not include information that is (i) publicly available through no fault of the receiving Party, (ii) already known to the receiving Party at the time of disclosure, or (iii) independently developed by the receiving Party without use of or reference to the disclosing Party’s Confidential Information.

7. Term and Termination

• Term: This Agreement will commence on the Effective Date and will continue for a period of [0] years, unless terminated earlier in accordance with this Section.

• Termination for Convenience: Either Party may terminate this Agreement for any reason with thirty (30) days’ written notice to the other Party.

• Termination for Cause: Either Party may terminate this Agreement immediately upon written notice if the other Party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days of receipt of written notice of the breach.

• Effects of Termination: Upon termination, the Parties will cease all joint marketing activities and return or destroy any Confidential Information in their possession. Any financial obligations incurred before termination will remain due and payable.

8. Dispute Resolution

• Negotiation: The Parties agree to attempt to resolve any disputes arising out of or relating to this Agreement through informal discussions and negotiations.

• Mediation: If the dispute cannot be resolved through negotiation, the Parties agree to submit the dispute to mediation in [City, State]. The mediator’s fees will be shared equally by the Parties.

• Arbitration: If mediation fails, the dispute will be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitrator’s decision will be final and binding.

9. Miscellaneous

• Entire Agreement: This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter.

• Amendments: Any amendment or modification to this Agreement must be in writing and signed by authorized representatives of both Parties.

• Governing Law: This Agreement will be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.

• Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

• Assignment: Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other Party, except to a successor in interest to the Party’s business.

• Notices: All notices under this Agreement must be in writing and will be deemed given when delivered personally, sent by confirmed email, or sent by certified mail, return receipt requested, to the addresses set forth above.

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

[Your Company Name]

By:

[Your Name]

[Title]

[Month Day, Year]

Company B

By:

[Full Name]

[Title]

[Month Day, Year]

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