Printable Realtor and Lender Marketing Agreement

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

Realtor:

[Your Name]

[Your Company Name]

[Your Company Address]

[Your Company Number]

[Your Company Email]

Lender:

[Lender’s Name]

[Lender’s Company Name]

[Lender’s Address]

[Lender’s Phone Number]

[Lender’s Email Address]

Collectively 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 Realtor and Lender will collaborate on marketing efforts to promote their respective services to potential clients.

2. Scope of Services

2.1 Realtor’s Responsibilities:

• Promote the Lender’s mortgage products and services through various marketing channels including, but not limited to, email campaigns, social media, and print materials.

• Include the Lender’s branding and contact information in all relevant marketing materials.

• Provide the Lender with quarterly reports on marketing efforts, including metrics on engagement and reach.

2.2 Lender’s Responsibilities:

• Promote the Realtor’s real estate services through various marketing channels including, but not limited to, email campaigns, social media, and print materials.

• Include the Realtor’s branding and contact information in all relevant marketing materials.

• Provide the Realtor with quarterly reports on marketing efforts, including metrics on engagement and reach.

3. Marketing Materials

3.1 Creation and Approval:

• All marketing materials featuring both Parties must be created and approved jointly. Both Parties must review and approve any material prior to distribution.

• Each Party retains ownership of its respective branding, logos, and trademarks. The Parties grant each other a non-exclusive, royalty-free license to use such branding for the purposes of this Agreement.

3.2 Distribution:

Marketing materials will be distributed through the agreed-upon channels and will comply with all applicable advertising and marketing laws and regulations.

4. Financial Arrangements

4.1 Cost Sharing:

The Parties agree to share the costs associated with the development, production, and distribution of joint marketing materials as follows:

• Development Costs: Costs related to the creation and design of joint marketing materials, including but not limited to graphic design, copywriting, and content creation, will be shared equally by both Parties. Each party will contribute [50]% of the total development costs.

• Production Costs: Costs related to the printing, production, and manufacturing of physical marketing materials, such as brochures, flyers, and posters, will be divided based on usage. The Realtor will cover [60]% of the production costs, while the Lender will cover [40]%, reflecting the proportional benefit each party expects to receive from the marketing materials.

• Distribution Costs: Costs related to the distribution of marketing materials, including mailing, shipping, and digital advertising, will be split according to the following percentages: The Realtor will cover [55]% of the distribution costs, and the Lender will cover [45]%.

• Event Costs: For any joint events, such as seminars or open houses, the costs of venue rental, catering, and other related expenses will be shared equally, with each party responsible for [50]% of the total event costs unless otherwise agreed in writing before the event.

These percentages reflect the anticipated use and benefit of the joint marketing materials by each party. Should any unexpected or additional costs arise, the parties will discuss and agree on how to allocate these costs fairly and in writing before incurring the expense.

4.2 Payment Terms:

Each Party will invoice the other Party for their share of the costs. Invoices will be sent within 30 days of incurring the costs. Payments will be made within 30 days of receipt of the invoice.

5. Confidentiality

5.1 Confidential Information:

Each Party agrees to keep confidential any proprietary or confidential information received from the other Party during the term of this Agreement. This includes but is not limited to marketing strategies, client lists, and financial information.

5.2 Disclosure:

Confidential information may be disclosed only to employees or agents of the Parties who need to know such information in connection with the performance of this Agreement and who are bound by confidentiality obligations.

6. Term and Termination

6.1 Term:

This Agreement will commence on the Effective Date and continue for an initial term of [one year], unless terminated earlier in accordance with this Agreement.

6.2 Termination:

Either Party may terminate this Agreement with 30 days written notice to the other Party. Termination does not relieve either Party of any obligations incurred prior to the termination date.

6.3 Post-Termination:

Upon termination, each Party will cease using the other Party’s branding and will return or destroy any confidential information received.

7. Indemnification

7.1 Indemnification by Realtor:

The Realtor agrees to indemnify, defend, and hold harmless the Lender from any claims, damages, or liabilities arising out of the Realtor’s marketing activities or materials.

7.2 Indemnification by Lender:

The Lender agrees to indemnify, defend, and hold harmless the Realtor from any claims, damages, or liabilities arising out of the Lender’s marketing activities or materials.

8. Governing Law and Dispute Resolution

8.1 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 law principles.

8.2 Dispute Resolution:

Any disputes arising under this Agreement will be resolved through mediation. If mediation fails, the dispute will be settled by binding arbitration in [Location], in accordance with the rules of the American Arbitration Association.

9. Miscellaneous

9.1 Amendments:

Any amendments to this Agreement must be made in writing and signed by both Parties.

9.2 Entire Agreement:

This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof and supersedes all prior agreements or understandings.

9.3 Severability:

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

9.4 Notices:

All notices under this Agreement will be in writing and delivered to the addresses set forth above or to such other addresses as either Party may specify in writing.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

Realtor:

[Your Name]

[Month Day, Year]

Lender:

[Lender’s Name]

[Month Day, Year]

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