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Comarketing Agreement Template for United States

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Key Requirements PROMPT example:

Comarketing Agreement

"Need a Comarketing Agreement between our tech startup and a major social media platform to collaborate on promoting our new AI software launch, with specific provisions for revenue sharing and data protection compliance, starting March 2025."

Document background
The Comarketing Agreement serves as a crucial legal framework for businesses seeking to combine their marketing efforts and resources. This document is particularly relevant in the United States market where collaborative marketing initiatives must comply with various federal and state regulations. The agreement typically covers essential elements such as brand usage rights, cost-sharing arrangements, approval processes, and performance measurement criteria. It's designed to protect all parties' interests while ensuring regulatory compliance and clear accountability in joint marketing ventures.
Suggested Sections

1. Parties: Identification of all participating parties with full legal names and addresses

2. Background/Recitals: Context of the agreement and the parties' intent to collaborate on marketing activities

3. Definitions: Key terms used throughout the agreement

4. Scope of Comarketing Activities: Detailed description of joint marketing activities, responsibilities, and deliverables

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

6. Intellectual Property Rights: Usage rights, ownership, and protection of trademarks, logos, and marketing materials

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

8. Financial Terms: Cost sharing, payment terms, and budget allocation

9. Confidentiality: Protection of shared confidential information

Optional Sections

1. Territory Restrictions: Geographic limitations of marketing activities - used when marketing activities are limited to specific regions

2. Performance Metrics: KPIs and success measurements - used when specific performance targets are agreed upon

3. Exclusivity Provisions: Terms regarding exclusive marketing relationships - used when parties agree to exclusive arrangements

4. Data Protection: Specific data handling requirements - used when personal data is collected or processed

5. Regulatory Compliance: Industry-specific compliance requirements - used for regulated industries (healthcare, financial services, etc.)

Suggested Schedules

1. Marketing Plan: Detailed marketing strategy and execution plan

2. Brand Guidelines: Specifications for brand usage and design requirements

3. Budget Schedule: Detailed breakdown of marketing expenses and cost allocation

4. Approval Matrix: Decision-making hierarchy and approval requirements

5. Performance Metrics Schedule: Detailed KPIs and measurement methodology

6. Marketing Materials: Examples or templates of approved marketing materials

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

Clauses































Industries

FTC Regulations: Federal Trade Commission Act (15 U.S.C. ยงยง 41-58) and related regulations covering unfair/deceptive practices, truth in advertising, endorsement guidelines, and native advertising requirements

Intellectual Property Laws: Legal framework including Lanham Act (Trademark Law), Copyright Act, Patent laws, and Trade Secret protections that govern the use and protection of intellectual property in marketing activities

Digital Marketing Regulations: Regulations governing online marketing including CAN-SPAM Act, Children's Online Privacy Protection Act (COPPA), and state-specific digital privacy laws like CCPA

Privacy and Data Protection: Federal and state privacy laws, industry-specific regulations (e.g., HIPAA), and data breach notification requirements governing the collection and use of consumer data

Consumer Protection Laws: State-specific consumer protection statutes and fair business practice regulations designed to protect consumer interests in marketing activities

Competition Laws: Antitrust regulations including Sherman Antitrust Act, Clayton Act, and Federal Trade Commission Act that govern fair competition and prevent monopolistic practices

Industry-Specific Regulations: Sector-specific requirements such as FDA regulations for healthcare/pharmaceutical, financial services regulations, and other industry-specific marketing restrictions

Contract Law: State-specific contract laws and Uniform Commercial Code (UCC) provisions that govern the formation and enforcement of marketing agreements

Social Media Platform Rules: Platform-specific marketing guidelines and influencer marketing regulations that govern promotional activities on social media platforms

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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