How To Use
This review list is provided to inform you about the document in question and assist you in its preparation.
- Joint marketing agreements sound good in principle but have a high rate of failure due to the many things that can lead to dissatisfaction among the parties. One way marketing agreements tend to do better since one party is “in charge” and dealings are not subject to continual quests for agreement and approval.
- Having said that, if you wish to pursue this high risk strategy, first be sure to investigate the reputation and credit standing of the proposed joint marketer to make sure it is a worthy marketing partner.
- Further to the point, both companies must also be sure their product lines are truly complementary, that their marketing styles are the similar, and that each is committed to carrying out the agreed upon joint marketing tasks.
- As we have said before, laws vary from state to state and change over time. Before using this document, which is subject to much downside if things do not work out as you anticipate, be sure to have a lawyer review it prior to signing.
- Print two copies of the Agreement, one for each party. Both parties should sign each copy so that each can have an original copy.
Joint Marketing Agreement
This Joint Marketing Agreement (“Agreement”) is made and effective this ______________ (Date) by and between _________________________________ (“Second Party”) and _________________________________ (“First Party”).
First Party and Second Party separately market products and/or services which are often used for complementary or for related purposes. The parties desire to cooperate in marketing their products for their mutual benefit.
Therefore, it is mutually agreed:
First Party and Second Party agree to market jointly their product lines, provided for in this Agreement. The First Party’s product line is ___________________________ and the Second Party’s product line is _______________________ (“Product Lines”).
2. General Duties.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
In Witness whereof, the parties have executed this Agreement as of the date first written above.