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Comarketing Agreement

Comarketing Agreement Template for Germany

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Key Requirements PROMPT example:

Comarketing Agreement

"I need a German-law Comarketing Agreement for a collaboration between two software companies, focusing on joint digital marketing campaigns and social media activities, with strict data protection provisions and shared approval processes for all online content."

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Document background
The Comarketing Agreement is essential for businesses seeking to collaborate on marketing initiatives while operating under German law. This document is typically used when two or more companies wish to combine their marketing efforts, share resources, or promote their products/services together. The agreement addresses key aspects required under German legislation, including compliance with the Act Against Unfair Competition (UWG), data protection regulations (GDPR and BDSG), and competition laws (GWB). It outlines the scope of marketing activities, brand usage permissions, approval processes, budget allocations, and operational responsibilities while ensuring proper protection of intellectual property rights and maintaining compliance with German advertising standards.
Suggested Sections

1. Parties: Identification of the contracting parties with full legal names and addresses

2. Background: Context of the agreement and general objectives of the co-marketing relationship

3. Definitions: Key terms used throughout the agreement including Marketing Materials, Territory, Brand Guidelines, etc.

4. Scope of Collaboration: Details of the co-marketing activities and overall framework of cooperation

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

6. Marketing Activities and Approvals: Specific marketing activities covered and approval processes for marketing materials

7. Brand Usage and Guidelines: Rules and restrictions for using each party's brands, logos, and marketing materials

8. Intellectual Property Rights: Ownership and licensing of intellectual property used in marketing activities

9. Compliance with Laws: Obligations to comply with German marketing laws, data protection, and competition regulations

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

11. Representations and Warranties: Standard warranties regarding authority, intellectual property rights, and compliance

12. Liability and Indemnification: Allocation of risks and responsibilities between parties

13. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, etc.

Optional Sections

1. Digital Marketing Provisions: Specific provisions for online marketing activities, social media, and digital content when digital marketing is part of the collaboration

2. Data Protection and Processing: Detailed provisions for handling personal data when customer data sharing is involved

3. Budget and Cost Sharing: Financial arrangements and cost allocation when parties share marketing expenses

4. Event Management: Specific provisions for organizing and managing joint marketing events

5. Performance Metrics: KPIs and measurement criteria when specific performance targets are agreed

6. Territory Restrictions: Geographical limitations when marketing activities are limited to specific regions

7. Third-Party Contractors: Rules for engaging external agencies or contractors in marketing activities

Suggested Schedules

1. Schedule 1 - Brand Guidelines: Detailed brand usage guidelines, including logos, colors, and styling requirements

2. Schedule 2 - Approved Marketing Activities: List of specific marketing activities agreed between the parties

3. Schedule 3 - Approval Process: Detailed procedures for obtaining approvals for marketing materials

4. Schedule 4 - Contact Details: Key contacts for each party for different aspects of the collaboration

5. Schedule 5 - Budget Allocation: Detailed breakdown of marketing budgets and cost sharing if applicable

6. Schedule 6 - Technical Requirements: Technical specifications for digital marketing activities if applicable

7. Schedule 7 - Compliance Checklist: Specific compliance requirements under German law

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions









































Clauses








































Relevant Industries

Retail

Consumer Goods

Technology

Entertainment

Food and Beverage

Fashion

Automotive

Financial Services

Telecommunications

Sports and Recreation

Travel and Tourism

Media and Publishing

Relevant Teams

Marketing

Legal

Compliance

Brand Management

Business Development

Commercial

Digital Marketing

Corporate Communications

Partnership Management

Marketing Operations

Relevant Roles

Marketing Director

Brand Manager

Legal Counsel

Commercial Director

Business Development Manager

Partnership Manager

Marketing Operations Manager

Compliance Officer

Chief Marketing Officer

Marketing Compliance Manager

Brand Licensing Manager

Strategic Alliance 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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