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How Do You Write A Cross-promotional Agreement?
Posted by Anonymous on
3/5/2007 at 2:44 PM ET
I need help starting a template for a cross-promotional agreement, or a sponsorship agreement. One of our customers has agreed (verbally) to promote our products. In exchange for providing them heavily discounted product, they will promote our products and brand on their website, at their seminars and tradeshow booths etc. I need help on how to write a negotiation contract for this type of cross-promotion.
3/6/2007 at 2:15 PM
Cross promotional agreements should be quite simple, since the context of what you both are trying to achieve is basic.
Remember keep it as simple as possible, it is just as important that you have a memo of understanding or letter of agreement by both parties are what you are intending to do and what is expected.
This could actually supercede your CP agreement.
The primary concerns you must have for your protection.
>Length of Agreement- auto renew or ?
>Non-Disclosure and Non Compete by your sales partner
> their use of your trademarks and brands, etc
>Make certain you heavy discounts cannot be viewed by competition as predatory pricing or other sales channels as price fixing!
Other than those issues it is a basic agreement what you will do and what they will do.
It should not be more than 3 pages and that includes all the "boiler plate" you will ever need.
A good library source is
Good Luck & Happy Marketing ~
3/6/2007 at 5:15 PM
For what it is worth I think a memo of understanding is sufficient (there are a variety of examples online) assuming that you have some existing working relationship with this company and have a track record of working together or are reasonably confident of their reputation and reliability. If not, you want to get a lawyer involved. Also if at any point, one of the parties will have the other party's money without an equal exchange of goods in return. It doesn't sound like that is what you are talking about, however.
Having done a few of these in the past, in the 'lessons learned' category more important than the legal mumbo jumbo is a very clear undertsanding of what 'equivalencies' are. In this case, what do they say placement on their website is worth. Also what is 'placement'. Is it upper left hand corner, or is it stuck on the bottom with 20 other logos?
A frank conversation followed by a memo of understanding that details the specifics (what discount on how many units, placement on web, duration of placement etc., can they return unsold merchandise, etc. in writing are essential).
However, if at any point one party will have the other party's cash or product without compensation, you will want to have the security of a binding legal contract.
3/12/2007 at 1:39 AM
For free legal advice and resources see
Check this site for free and low cost docs.
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