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Marketing Partnership Agreement

Marketing Partnership Agreement Template for United States

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Key Requirements PROMPT example:

Marketing Partnership Agreement

"I need a Marketing Partnership Agreement between my tech startup and a digital marketing agency, focusing on social media campaigns and influencer marketing, with specific KPIs and a revenue-sharing model for a 12-month term starting January 2025."

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Document background
The Marketing Partnership Agreement serves as a crucial document for businesses seeking to formalize their marketing collaborations under U.S. law. This agreement is particularly relevant when companies wish to combine their marketing efforts, share resources, or engage in joint promotional activities. It addresses key aspects such as brand usage, marketing strategies, revenue sharing, and regulatory compliance, while protecting both parties' interests. The agreement must comply with federal regulations including FTC guidelines, digital marketing laws, and state-specific requirements.
Suggested Sections

1. Parties: Identification and details of the parties entering into the agreement

2. Background/Recitals: Context and purpose of the marketing partnership

3. Definitions: Key terms used throughout the agreement

4. Scope of Partnership: Detailed description of marketing activities and responsibilities

5. Term and Termination: Duration of agreement and circumstances for termination

6. Financial Terms: Payment terms, revenue sharing, and financial obligations

7. Intellectual Property Rights: Usage rights and ownership of marketing materials and brands

8. Confidentiality: Protection of sensitive business information

9. Compliance Requirements: Legal and regulatory compliance obligations

Optional Sections

1. Performance Metrics: Specific KPIs and success metrics for measuring partnership effectiveness

2. Territory Rights: Geographic limitations and territorial scope of marketing activities

3. Data Protection: GDPR and privacy compliance measures for handling personal data

4. Non-Compete: Competitive restrictions and exclusivity provisions

5. Force Majeure: Provisions for handling unforeseeable circumstances affecting the partnership

Suggested Schedules

1. Marketing Plan: Detailed marketing strategy and timeline for implementation

2. Brand Guidelines: Comprehensive rules for brand usage and marketing materials

3. Fee Schedule: Detailed breakdown of costs, commission structures, and payment terms

4. Performance Metrics Schedule: Detailed KPIs, measurement methodology, and reporting requirements

5. Approved Marketing Materials: Pre-approved content templates and marketing materials

6. Compliance Checklist: Regulatory requirements and compliance procedures checklist

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Clauses

































Industries

FTC Act and Regulations: Federal Trade Commission Act (15 U.S.C. ���� 41-58) and related regulations governing deceptive or unfair marketing practices, endorsement guidelines, and truth in advertising requirements

Digital Marketing Laws: Including CAN-SPAM Act for email marketing, Children's Online Privacy Protection Act (COPPA) for marketing to minors, and Americans with Disabilities Act (ADA) for website accessibility compliance

Privacy Laws: State-specific privacy laws (such as CCPA), federal privacy regulations, and GDPR compliance considerations for international reach

Intellectual Property Laws: Copyright Act, Trademark Act (Lanham Act), and patent laws governing the protection and use of intellectual property in marketing activities

Competition Laws: Sherman Antitrust Act, Clayton Act, and Federal Trade Commission Act provisions governing fair competition and anti-competitive practices

State Marketing Laws: Various state-specific consumer protection laws and advertising regulations that may affect marketing activities in different jurisdictions

Industry-Specific Regulations: Specialized regulations such as FDA guidelines, financial services regulations, and alcohol/tobacco marketing restrictions that apply to specific industries

Contract Law: State contract laws and Uniform Commercial Code (UCC) provisions governing the formation and enforcement of marketing partnership agreements

Data Security Laws: State data breach notification requirements and federal data security regulations protecting consumer information

Social Media Regulations: Platform-specific marketing guidelines and influencer marketing regulations governing social media marketing activities

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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