Overview of Marketing and Collaboration Agreement
What is this document?
A Marketing and Collaboration Agreement is an agreement between two organizations where the organizations agree to enter into a cross-promotional relationship for the purpose of mutual benefit.
When would I use this document?
A Marketing and Collaboration Agreement would be used when an organization has found another organization with which it would like to partner in order to promote its business. This agreement could be used after a Memorandum of Understanding has been signed, and should ideally be signed prior to the relationship between the parties formally begins.
Who signs this document?
A Marketing and Collaboration Agreement is signed each party to the agreement. Where a party is a corporation or other entity, it will be signed by an authorized signing officer on behalf of the corporation or other entity.
More details about this document
A Marketing and Collaboration Agreement is an important document that formalizes the relationship between parties working together in order to promote their respective businesses.
The general and specific details of the collaboration between the parties, including any fees that are to be paid, may be described by the drafter so as to best reflect the specific situation negotiated by the parties.
The agreement contains a standard Schedule of Terms and Conditions intended to protect the interests of both parties. Protection of intellectual property, for example, is a key element of protection in any mutual marketing relationship. If the agreement provides for a license to use a brand mark or logo, the agreement will include clauses that state that no other rights, such as ownership of the brand mark or logo, are transferred.
Confidentiality obligations and limitations on liability are also important concepts that should be read, understood, and customized in the Schedule of Terms and Conditions.
What are the core elements of this document?
Core elements of a Marketing Collaboration Agreement include: Details of the Collaboration, Expenses, Intellectual Property, License to Brand Marks, Confidentiality, Term and Termination, Limitation of Liability, and Indemnity.
Additional clauses may include: a Schedule of Fees or a Test Period.
Nondisclosure/Confidentiality Agreement – an agreement that protects confidential information
Contractor/Consulting/Services Agreement – this type of agreement can have various names, and is used when a person is paid to provide services but is not hired as an employee. Payment can be flexible eg. money, shares or some other form of compensation.
Intellectual Property Transfer, Assignment and Release – an agreement that transfers the intellectual property from one person to another eg. from a consultant/contractor or employee to the person who ‘hired’ the consultant/contractor or employee.