Cross Marketing Agreement Template for United States

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Key Requirements PROMPT example:

Cross Marketing Agreement

"Need a Cross Marketing Agreement between our tech startup and an influencer marketing agency, focusing on social media promotion of our new app launch in March 2025, with revenue sharing based on successful app downloads."

Document background
A Cross Marketing Agreement is essential when two or more parties wish to collaborate on marketing initiatives while protecting their respective interests under U.S. law. This document is particularly relevant in today's digital age where cross-promotional activities are common across various platforms. The agreement typically includes specific provisions for brand usage, marketing responsibilities, revenue sharing, and compliance with federal and state regulations. It's designed to prevent disputes by clearly outlining each party's rights and obligations while ensuring compliance with FTC guidelines and other relevant U.S. marketing regulations.
Suggested Sections

1. Parties: Identification of all parties entering into the agreement, including legal names and addresses

2. Background/Recitals: Context of the agreement and the parties' intentions to collaborate in marketing activities

3. Definitions: Key terms used throughout the agreement

4. Scope of Marketing Activities: Detailed description of marketing activities to be undertaken by each party

5. Rights and Obligations: Specific responsibilities and commitments of each party

6. Intellectual Property Rights: Usage rights and restrictions regarding trademarks, logos, and other IP

7. Term and Termination: Duration of agreement and conditions for termination

8. Confidentiality: Protection of confidential information exchanged during the collaboration

Optional Sections

1. Revenue Sharing: Terms for sharing revenue from joint marketing activities when the marketing arrangement involves revenue generation

2. Exclusivity: Terms restricting parties from similar arrangements with competitors when exclusive marketing relationships are desired

3. Marketing Budget: Allocation and management of marketing expenses when joint marketing activities require significant financial investment

4. Performance Metrics: Specific KPIs and success measurements for measuring marketing effectiveness

Suggested Schedules

1. Marketing Plan: Detailed marketing strategy and implementation timeline

2. Brand Guidelines: Specifications for use of logos, trademarks, and brand assets

3. Territory Schedule: Geographic areas covered by the marketing agreement

4. Fee Schedule: Breakdown of costs, commissions, or revenue sharing arrangements

5. Approved Marketing Materials: Pre-approved marketing content and templates

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

Clauses
Industries

FTC Regulations: Federal Trade Commission regulations including FTC Act (15 U.S.C. ���� 41-58), Truth in Advertising regulations, Endorsement Guidelines, and rules governing online marketing and digital advertising practices

Intellectual Property Laws: Legal framework protecting intellectual property including Trademark Law (Lanham Act), Copyright Law, Patent Law, and Trade Secret Protection provisions

Digital Marketing Regulations: Specific regulations governing digital marketing activities including CAN-SPAM Act for email marketing, Children's Online Privacy Protection Act (COPPA), and Federal Communications Commission regulations

Privacy Laws: State-specific privacy laws (such as CCPA in California), sector-specific privacy laws, and general data protection requirements applicable to marketing activities

Consumer Protection Laws: State-specific consumer protection statutes and federal consumer protection regulations that safeguard consumer interests in marketing relationships

Competition Laws: Antitrust and competition regulations including Sherman Antitrust Act, Clayton Act, and Federal Trade Commission Act provisions on competition

Industry-Specific Regulations: Sector-specific regulations that may apply depending on the industry (such as HIPAA for healthcare, GLBA for financial services)

Contract Law: State-specific contract laws and Uniform Commercial Code (UCC) provisions governing the formation and enforcement of business agreements

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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