Cross Marketing Agreement Template for England and Wales

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Key Requirements PROMPT example:

Cross Marketing Agreement

"I need a Cross Marketing Agreement to establish a joint marketing campaign between my tech startup and a retail chain, focusing on social media promotions and revenue sharing, starting from March 2025."

Document background
The Cross Marketing Agreement is essential for businesses seeking to establish formal collaborative marketing arrangements under English and Welsh law. This document is particularly valuable when companies wish to leverage each other's market presence, customer base, or marketing channels. It covers crucial aspects such as brand usage rights, marketing activity scope, data protection compliance, revenue sharing (if applicable), and performance metrics. The agreement helps prevent disputes by clearly defining each party's rights and obligations while ensuring compliance with UK marketing and advertising regulations.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Scope of Marketing Activities: Detailed description of permitted marketing activities and channels

5. Brand Usage Rights: Terms for using each party's brands, trademarks, and intellectual property

6. Mutual Obligations: Key responsibilities and commitments of each party

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

8. Data Protection: Compliance with data protection laws and handling of customer data

9. Confidentiality: Protection of confidential information shared between parties

10. Warranties and Representations: Standard warranties regarding authority, capacity, and compliance

11. Liability and Indemnification: Limitations of liability and indemnification obligations

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

Optional Sections

1. Revenue Sharing: Financial arrangements and revenue sharing mechanisms between parties

2. Territory Restrictions: Geographic limitations and restrictions on marketing activities

3. Exclusivity Provisions: Terms regarding exclusive marketing rights and restrictions

4. Performance Requirements: Specific performance targets and minimum activity requirements

5. Compliance with Industry Regulations: Specific provisions for regulated industries (financial services, gambling, etc.)

Suggested Schedules

1. Schedule 1 - Marketing Materials: Examples or templates of approved marketing materials and content

2. Schedule 2 - Brand Guidelines: Detailed guidelines for brand usage and restrictions

3. Schedule 3 - Performance Metrics: KPIs, measurement criteria, and reporting requirements

4. Schedule 4 - Approved Channels: List of approved marketing channels, platforms, and media

5. Schedule 5 - Fee Schedule: Detailed breakdown of fees, commissions, or revenue sharing arrangements

6. Schedule 6 - Data Processing Requirements: Specific requirements for data handling and processing

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

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

UK GDPR and Data Protection: UK General Data Protection Regulation and Data Protection Act 2018 governing the processing, storage, and sharing of personal data between marketing partners

Privacy and Electronic Communications: Privacy and Electronic Communications Regulations (PECR) 2003 covering electronic marketing communications, cookies, and privacy in electronic communications

Consumer Protection Regulations: Consumer Protection from Unfair Trading Regulations 2008 and Consumer Rights Act 2015 protecting consumers from unfair marketing practices

Advertising Standards: CAP Code and BCAP Code setting standards for non-broadcast and broadcast advertising, ensuring marketing communications are legal, decent, honest and truthful

Intellectual Property Laws: Copyright, Designs and Patents Act 1988 and Trade Marks Act 1994 protecting the use and sharing of branded content and marketing materials

E-commerce Regulations: Electronic Commerce Regulations 2002 governing online marketing activities and electronic transactions

Competition Law: Competition Act 1998 and Enterprise Act 2002 ensuring marketing agreements don't restrict, prevent, or distort competition

Contract Law Fundamentals: Common Law principles and Misrepresentation Act 1967 governing contract formation, terms, and representations made in marketing

Industry-Specific Regulations: Sector-specific legislation such as Financial Services and Markets Act 2000, Gambling Act 2005, or Food Safety Act 1990 depending on industry context

Social Media Marketing Laws: Platform-specific guidelines and ASA/CAP regulations governing social media marketing and influencer partnerships

International Marketing Considerations: Relevant EU regulations and international trade laws if marketing activities extend beyond UK borders

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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