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Co Marketing Agreement Template for Australia

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Key Requirements PROMPT example:

Co Marketing Agreement

"I need a Co-Marketing Agreement for a partnership between my fintech company and a major retail bank, focusing on joint digital marketing campaigns for a new payment solution launching in March 2025, with specific provisions for data privacy and regulatory compliance in the Australian financial sector."

Document background
A Co-Marketing Agreement is essential when two or more organizations wish to collaborate on marketing initiatives while maintaining their separate corporate identities. This document, governed by Australian law, establishes the framework for joint marketing efforts, including campaign management, brand usage, resource allocation, and cost sharing. It's particularly relevant in today's interconnected business environment where collaborative marketing can provide significant advantages in market reach and resource efficiency. The agreement ensures compliance with Australian regulatory requirements, including the Competition and Consumer Act 2010, Privacy Act 1988, and relevant advertising standards. It's designed to protect both parties' interests while facilitating effective marketing collaboration, making it suitable for both short-term campaign-specific partnerships and longer-term strategic marketing alliances.
Suggested Sections

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

2. Background: Context of the agreement and brief description of each party's business and objectives

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Collaboration: Detailed description of the co-marketing relationship and its objectives

5. Term and Renewal: Duration of the agreement and conditions for renewal

6. Marketing Activities and Responsibilities: Specific marketing activities to be undertaken and each party's responsibilities

7. Approval Process: Process for reviewing and approving marketing materials and campaigns

8. Intellectual Property Rights: Usage rights and protection of each party's intellectual property

9. Costs and Revenue Sharing: Financial arrangements, cost allocation, and revenue sharing if applicable

10. Confidentiality: Protection of confidential information shared during the collaboration

11. Data Protection and Privacy: Handling of customer data and compliance with privacy laws

12. Representations and Warranties: Each party's assurances regarding their rights and capabilities

13. Termination: Conditions and process for ending the agreement

14. Dispute Resolution: Process for resolving disagreements between parties

15. General Provisions: Standard legal provisions including governing law, notices, and assignment

Optional Sections

1. Performance Metrics: Specific KPIs and measurement criteria for marketing success - include when the agreement involves performance-based components

2. International Marketing: Specific provisions for international marketing activities - include when marketing extends across multiple jurisdictions

3. Social Media Guidelines: Specific rules and procedures for social media marketing - include when social media is a significant channel

4. Agency Appointments: Provisions regarding the appointment and management of marketing agencies - include when third-party agencies will be involved

5. Competition Restrictions: Non-compete and exclusivity provisions - include when parties want to restrict marketing activities with competitors

6. Crisis Management: Procedures for handling marketing-related crises or negative publicity - include for high-risk or sensitive marketing activities

7. Compliance with Industry Standards: Specific industry compliance requirements - include for regulated industries

Suggested Schedules

1. Schedule 1 - Marketing Plan: Detailed marketing strategy, timeline, and specific campaign details

2. Schedule 2 - Brand Guidelines: Specific requirements for brand usage, logos, and visual identity

3. Schedule 3 - Budget Allocation: Detailed breakdown of marketing budget and cost sharing arrangements

4. Schedule 4 - Approved Marketing Channels: List of approved marketing channels and specific requirements for each

5. Schedule 5 - Key Personnel: List of key contacts and responsible personnel from each party

6. Schedule 6 - Approval Matrix: Detailed matrix showing approval requirements for different types of marketing activities

7. Appendix A - Standard Operating Procedures: Detailed procedures for day-to-day marketing operations and collaboration

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses

































Relevant Industries

Retail

Technology

Financial Services

Healthcare

Entertainment

Consumer Goods

Telecommunications

Professional Services

E-commerce

Media

Travel and Tourism

Education

Food and Beverage

Automotive

Relevant Teams

Marketing

Legal

Business Development

Commercial

Compliance

Digital Marketing

Brand Management

Corporate Communications

Partnerships and Alliances

Content and Creative

Marketing Operations

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Marketing Manager

Business Development Manager

Commercial Director

Legal Counsel

Compliance Officer

Digital Marketing Manager

Partnership Manager

Alliance Manager

Content Marketing Manager

Marketing Operations Manager

Chief Commercial Officer

Contract Manager

Industries








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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