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1. Parties: Identifies and provides full legal details of the parties entering into the co-marketing agreement
2. Background: Outlines the context and purpose of the agreement, including the parties' business nature and their intention to collaborate
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Scope of Co-Marketing Relationship: Defines the nature and extent of the co-marketing arrangement, including territories and products/services covered
5. Term and Termination: Specifies the duration of the agreement and conditions for termination
6. Marketing Obligations: Details each party's marketing responsibilities, commitments, and contribution requirements
7. Approval Process: Establishes procedures for reviewing and approving marketing materials and campaigns
8. Intellectual Property Rights: Addresses the usage rights and restrictions regarding trademarks, logos, and other IP
9. Costs and Revenue Sharing: Specifies how marketing costs will be shared and any revenue-sharing arrangements
10. Confidentiality: Protects confidential information shared between parties during the co-marketing activities
11. Data Protection and Privacy: Ensures compliance with POPIA and other relevant data protection laws
12. Representations and Warranties: Contains basic promises and guarantees made by each party
13. Liability and Indemnification: Addresses risk allocation and protection against third-party claims
14. General Provisions: Includes standard legal clauses such as governing law, notices, and assignment
1. Performance Metrics: Defines specific KPIs and success metrics when parties want to measure campaign effectiveness
2. Digital Marketing Provisions: Specific terms for online marketing activities when digital campaigns are part of the collaboration
3. Event Management: Detailed provisions for organizing and managing joint events when applicable
4. International Marketing: Additional provisions for cross-border marketing activities when operating internationally
5. Crisis Management: Procedures for handling PR crises or reputation management issues when higher risk activities are involved
6. Agency Appointments: Terms governing the appointment and management of third-party agencies when external agencies will be involved
7. Sales Channel Integration: Provisions for integrating sales processes when the co-marketing involves joint sales activities
1. Schedule A - Marketing Plan: Detailed marketing strategy, campaign calendar, and specific activities planned
2. Schedule B - Brand Guidelines: Specific requirements for brand usage, including logo specifications and brand voice
3. Schedule C - Budget Allocation: Detailed breakdown of marketing budget and cost-sharing arrangements
4. Schedule D - Approved Marketing Materials: List of pre-approved marketing materials and templates
5. Schedule E - Target Markets: Specification of geographic territories and target audience segments
6. Schedule F - Performance Metrics: Detailed KPIs, measurement methodologies, and reporting templates
7. Schedule G - Contact Details: Key personnel and escalation contacts for both parties
8. Appendix 1 - Compliance Checklist: Checklist ensuring marketing activities comply with relevant laws and regulations
Applicable Laws
Approved Marketing Materials
Brand Guidelines
Business Day
Campaign
Commencement Date
Confidential Information
Co-Marketing Activities
Digital Marketing
Effective Date
Force Majeure
Initial Term
Intellectual Property Rights
Joint Marketing Plan
Key Performance Indicators
Marketing Budget
Marketing Materials
Marketing Territory
Personal Information
Products
Services
Target Audience
Term
Trade Marks
Marketing Channels
Proprietary Information
Revenue Share
Marketing Metrics
Approval Process
Campaign Period
Consumer
Data Protection Laws
Marketing Standards
Partnership Marks
Promotional Materials
Quality Standards
Renewal Period
Social Media Platforms
Target Market
Third Party Materials
Interpretation
Term and Duration
Marketing Obligations
Campaign Management
Intellectual Property Rights
Brand Usage
Approvals and Quality Control
Budget and Costs
Revenue Sharing
Performance Metrics
Confidentiality
Data Protection
Consumer Protection
Warranties and Representations
Liability and Indemnification
Force Majeure
Termination
Exit Management
Non-Competition
Exclusivity
Regulatory Compliance
Dispute Resolution
Governing Law
Assignment
Subcontracting
Notices
Amendments
Entire Agreement
Severability
Relationship of Parties
Anti-Bribery and Corruption
Audit Rights
Insurance
Waiver
Costs
Third Party Rights
Retail
Technology
Financial Services
Healthcare
Entertainment
Telecommunications
Fast-Moving Consumer Goods (FMCG)
Automotive
Education
Tourism and Hospitality
E-commerce
Media and Broadcasting
Professional Services
Manufacturing
Real Estate
Marketing
Legal
Business Development
Brand Management
Digital Marketing
Communications
Compliance
Commercial
Partner Relations
Creative Services
Public Relations
Chief Marketing Officer
Marketing Director
Brand Manager
Marketing Manager
Business Development Manager
Legal Counsel
Commercial Director
Partnership Manager
Digital Marketing Manager
Content Marketing Manager
Communications Director
Compliance Officer
Contract Manager
Chief Commercial Officer
Marketing Compliance Manager
Brand Partnership Director
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