Co Marketing Agreement for Belgium

Co Marketing Agreement Template for Belgium

A Co-Marketing Agreement under Belgian law establishes the terms and conditions for two or more parties to collaborate on marketing initiatives. This agreement governs joint promotional activities, brand usage, cost sharing, and mutual obligations while ensuring compliance with Belgian and EU regulations, including competition law, data protection, and advertising standards. The document outlines approval processes, intellectual property rights, financial arrangements, and risk allocation between the parties, providing a comprehensive framework for successful marketing collaboration while protecting each party's interests and maintaining regulatory compliance.

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What is a Co Marketing Agreement?

The Co-Marketing Agreement is essential for businesses seeking to collaborate on marketing initiatives under Belgian jurisdiction. It is particularly relevant when companies want to combine their marketing efforts, share costs, and leverage each other's brand strength while maintaining clear boundaries and protecting their respective interests. This document addresses key aspects such as brand usage rights, approval processes, cost allocation, and compliance with Belgian and EU regulations, including competition law, data protection (GDPR), and advertising standards. The agreement is commonly used for joint promotional campaigns, shared advertising initiatives, cross-promotional activities, and collaborative digital marketing efforts. It includes specific provisions for intellectual property protection, financial arrangements, and risk management, making it suitable for both short-term campaign collaborations and longer-term marketing partnerships.

What sections should be included in a Co Marketing Agreement?

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

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: Details of the co-marketing relationship and authorized activities

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

6. Marketing Activities: Description of agreed marketing activities, approval processes, and responsibilities

7. Intellectual Property Rights: Ownership and usage rights of trademarks, logos, and marketing materials

8. Financial Arrangements: Cost sharing, payment terms, and financial responsibilities

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

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

11. Representations and Warranties: Standard warranties about capacity to contract and marketing materials

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

13. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

What sections are optional to include in a Co Marketing Agreement?

1. Data Protection: Detailed GDPR compliance provisions when personal data processing is involved

2. Digital Marketing: Specific provisions for online marketing activities and social media

3. Territory: Geographic scope limitations when marketing activities are territory-specific

4. Exclusivity: Restrictions on working with competitors if exclusivity is agreed

5. Performance Metrics: KPIs and measurement criteria if specific targets are set

6. Crisis Management: Procedures for handling PR issues or marketing campaign problems

7. Agency Appointments: Terms for engaging third-party agencies if allowed

8. Content Creation: Specific provisions for creation and ownership of marketing content

What schedules should be included in a Co Marketing Agreement?

1. Brand Guidelines: Detailed requirements for brand usage and visual identity

2. Approved Marketing Materials: List or examples of pre-approved marketing materials

3. Budget and Cost Allocation: Detailed breakdown of marketing budget and cost sharing

4. Campaign Calendar: Timeline and schedule of planned marketing activities

5. Approval Process: Detailed procedures for obtaining approvals for marketing materials

6. Authorized Representatives: List of key contacts and decision-makers from each party

7. Technical Requirements: Technical specifications for digital marketing activities if applicable

8. Compliance Checklist: Specific regulatory requirements and compliance procedures

Authors

Alex Denne

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

Cost

Free to use

Relevant legal definitions

Clauses

Relevant Industries

Retail

Technology

Consumer Goods

Entertainment

Media

Financial Services

Healthcare

Education

Telecommunications

Food and Beverage

Automotive

Travel and Tourism

Professional Services

E-commerce

Sports and Recreation

Relevant Teams

Marketing

Legal

Business Development

Brand Management

Digital Marketing

Communications

Compliance

Sales

Strategy

Product Marketing

Creative

Public Relations

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Marketing Manager

Business Development Director

Commercial Director

Legal Counsel

Compliance Officer

Partnership Manager

Digital Marketing Manager

Communications Director

Account Director

Product Marketing Manager

Sales Director

Strategy Director

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What is a Co Marketing Agreement?

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What sections are optional to include in a Co Marketing Agreement?

What schedules should be included in a Co Marketing Agreement?

Authors

Alex Denne

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