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Checklist Co-Branding Agreement

This Co-Branding Agreement template is for two or more businesses to jointly market and promote products or services, leveraging each other

Updated 15d ago
co-brandingagreementmarketingpartnershipintellectual propertycollaboration

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

Co-Branding Agreement

This Co-Branding Agreement (“Agreement”) is made and entered into as of {{date_of_agreement}} (the “Effective Date”) by and between:

{{company_name_1}}, a company duly organized and existing under the laws of {{country_1}}, with its principal place of business at {{address_1}} (hereinafter referred to as “Partner A”); and

{{company_name_2}}, a company duly organized and existing under the laws of {{country_2}}, with its principal place of business at {{address_2}} (hereinafter referred to as “Partner B”).

Partner A and Partner B are hereinafter collectively referred to as the “Parties” and individually as a “Party.”

1. Purpose of Agreement

The purpose of this Agreement is to establish the terms and conditions under which Partner A and Partner B will collaborate on a co-branded marketing initiative for the {{product_service_description}} (the “Co-Branded Initiative”). The objective is to leverage the respective brands, resources, and market reach of both Parties to enhance brand visibility, market penetration, and customer acquisition for {{specific_goal_of_initiative}}.

2. Co-Branded Materials and Activities

2.1. The Parties agree to develop and utilize co-branded materials, which may include, but are not limited to, {{types_of_materials_e.g._logos,_marketing_collateral,_website_content,_social_media_posts}}. All co-branded materials shall prominently display the logos and brand elements of both Partner A and Partner B.

2.2. The specific co-branded activities shall include {{description_of_activities_e.g._joint_marketing_campaigns,_product_launches,_event_sponsorships}}. A detailed marketing plan outlining these activities, responsibilities, and timelines will be attached as Schedule A and may be updated from time to time by mutual written agreement of the Parties.

2.3. Each Party shall ensure that its use of the other Party’s brand assets, including trademarks and logos, complies with the branding guidelines provided by the respective Party. Any use of a Party’s brand assets outside of these guidelines must receive prior written approval.

3. Intellectual Property

3.1. Each Party retains all rights, title, and interest in and to its own intellectual property, including, but not limited to, trademarks, service marks, logos, copyrights, and trade secrets existing prior to or independently developed during the term of this Agreement.

3.2. During the term of this Agreement, each Party grants the other Party a non-exclusive, non-transferable, royalty-free license to use its brand assets solely for the purpose of the Co-Branded Initiative as outlined in this Agreement. This license shall terminate automatically upon the termination or expiration of this Agreement.

3.3. Any new intellectual property jointly developed by the Parties during the Co-Branded Initiative shall be jointly owned by both Parties, unless otherwise agreed upon in writing. The Parties shall execute all necessary documents to effectuate such joint ownership.

4. Responsibilities of the Parties

4.1. Partner A’s Responsibilities: {{detailed_responsibilities_of_partner_a_e.g._content_creation,_marketing_strategy_lead,_customer_service}}

4.2. Partner B’s Responsibilities: {{detailed_responsibilities_of_partner_b_e.g._platform_provision,_technical_support,_distribution}}

4.3. Both Parties agree to cooperate in good faith and to allocate sufficient resources to ensure the successful execution of the Co-Branded Initiative.

5. Term and Termination

5.1. This Agreement shall commence on the Effective Date and continue for a period of {{term_in_months/years}} months/years, unless terminated earlier in accordance with the provisions of this Agreement.

5.2. Either Party may terminate this Agreement upon {{number_of_days}} days’ prior written notice to the other Party in the event of a material breach of this Agreement by the other Party, provided such breach remains uncured after the notice period.

5.3. This Agreement may be terminated by mutual written consent of both Parties at any time.

5.4. Upon termination of this Agreement, each Party shall immediately cease all use of the other Party’s brand assets and shall return or destroy all co-branded materials in its possession. The provisions of Section 3 (Intellectual Property) shall survive the termination of this Agreement.

6. Confidentiality

Each Party acknowledges that it may have access to confidential information of the other Party. Both Parties agree to keep all confidential information strictly confidential and not to disclose it to any third party for a period of {{number_of_years}} years following the termination of this Agreement. Confidential information shall mean any non-public information disclosed by one Party to the other, whether orally, visually, in writing, or in electronic form, that is designated as confidential or would reasonably be understood to be confidential.

7. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of {{country_of_governing_law}}.

Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be settled by amicable negotiation between the Parties. Should such negotiation fail, the dispute shall be referred to and finally resolved by arbitration in accordance with the rules of the {{arbitration_institution}} in {{city_of_arbitration}}.

8. General Provisions

8.1. Entire Agreement: This Agreement constitutes the entire understanding between the Parties concerning the subject matter hereof and supersedes all prior agreements, negotiations, and discussions, whether oral or written.

8.2. Amendments: No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in writing and signed by duly authorized representatives of both Parties.

8.3. Notices: All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by registered mail or courier service, or sent by email with confirmation of receipt, to the addresses specified in this Agreement or as otherwise notified by a Party.

8.4. Force Majeure: Neither Party shall be liable for any delay or failure in performance of its obligations under this Agreement if such delay or failure is caused by acts of God, war, terrorism, riots, embargoes, fires, floods, earthquakes, or other causes beyond its reasonable control.

8.5. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Signature Block

IN WITNESS WHEREOF, the Parties have executed this Co-Branding Agreement as of the Effective Date first written above.

FOR PARTNER A:

___________________________

Name: {{name_of_signatory_a}}

Title: {{title_of_signatory_a}}

Date: {{date_of_signature_a}}

FOR PARTNER B:

___________________________

Name: {{name_of_signatory_b}}

Title: {{title_of_signatory_b}}

Date: {{date_of_signature_b}}

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