Free Marketing Partnership Agreement

This Partnership Agreement ("Agreement") is made and entered into on this [Month Day, Year], by and between [Your Company Name] ("Company"), a marketing company with its principal place of business at [Your Company Address], and [Your Partner Company Name] ("Partner"), a company with its principal place of business at [Your Partner Company Address]. Together, these entities may be referred to as the "Parties" and individually as a "Party."

WHEREAS, the Parties desire to enter into a partnership for the purpose of collaborating on marketing initiatives and campaigns.

NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties agree as follows:

I. Purpose of the Partnership

The purpose of this Partnership is to jointly market and promote the products and services of both companies to expand market reach and increase sales. The Parties will collaborate on various marketing strategies, campaigns, and initiatives to leverage each other's strengths and expertise. This includes, but is not limited to, joint advertising campaigns, content creation, lead generation, and sharing of customer insights.

II. Term of the Agreement

1. Commencement: The term of this Agreement shall commence on [Month Day, Year].

2. Duration: This Agreement shall continue for a period of five (5) years from the commencement date, unless terminated earlier in accordance with the provisions of this Agreement.

3. Renewal: Upon the expiration of the initial term, this Agreement may be renewed for additional terms of three (3) years each, upon mutual agreement of the Parties, provided that neither Party has given written notice of termination at least ten (10) days before the end of the current term.

III. Roles and Responsibilities

A. The Company's Responsibilities

1. Marketing Initiatives: The Company will be responsible for creating and implementing marketing campaigns that promote both companies' products and services, focusing on maximizing brand visibility and lead generation.

2. Resource Allocation: The Company will allocate the necessary resources, including staff, tools, and time, to execute the agreed-upon marketing strategies and initiatives.

3. Reporting: The Company will provide regular reports to the Partner on the progress and performance of marketing campaigns, including key performance indicators (KPIs), return on investment (ROI), and other relevant metrics.

4. Compliance: Ensure all marketing activities are compliant with relevant laws and regulations, and that any content created does not infringe on third-party rights.

B. The Partner's Responsibilities

1. Funding and Financial Contributions: The Partner will provide financial contributions necessary to support joint marketing campaigns and initiatives. The specific amounts and terms of payment will be detailed in the financial section of this Agreement.

2. Data Sharing: The Partner will share relevant market data, customer insights, and any other information that can enhance the effectiveness of the marketing strategies.

3. Approval of Marketing Materials: The Partner will review and approve all marketing materials before they are released to the public, ensuring they align with the company’s brand guidelines and values.

4. Performance Monitoring: The Partner will participate in regular meetings to monitor the performance of the campaigns and provide feedback for continuous improvement.

IV. Financial Contributions

A. Contribution Structure

The Parties agree to contribute funds towards the joint marketing initiatives as follows:

B. Payment Terms

Payments will be made according to the following schedule:

C. Budget Management

A joint account may be established for managing the marketing budget, with access granted to both Parties for transparency and accountability.

V. Intellectual Property

1. Ownership: All intellectual property created during the course of this partnership, including but not limited to, marketing materials, campaign strategies, and content, shall be jointly owned by both Parties.

2. Licensing: Each Party grants the other a non-exclusive, royalty-free license to use its trademarks, logos, and other intellectual property strictly for the purposes of the partnership.

3. Termination: Upon termination of this Agreement, each Party shall cease using the other Party’s intellectual property, except as otherwise agreed upon in writing.

VI. Confidentiality

1. Confidential Information: Both Parties agree to keep confidential all information exchanged during the partnership that is not publicly available, including but not limited to, business plans, customer lists, and proprietary marketing strategies.

2. Non-Disclosure: Neither Party shall disclose any confidential information to third parties without the express written consent of the other Party, except as required by law.

3. C. Duration: The obligation to maintain confidentiality shall survive the termination of this Agreement for a period of five (5) years.

VII. Termination

1. Termination for Convenience: Either Party may terminate this Agreement for convenience with [X] days’ written notice to the other Party.

2. Termination for Cause: Either Party may terminate this Agreement immediately upon written notice if the other Party materially breaches any term of this Agreement and fails to remedy the breach within ten (10) days of receiving notice of the breach.

3. Effect of Termination: Upon termination of this Agreement, all obligations of the Parties shall cease, except for those that are intended to survive termination, such as confidentiality and intellectual property rights.

VIII. Dispute Resolution

1. Negotiation: In the event of a dispute arising from or related to this Agreement, the Parties shall first attempt to resolve the dispute through good faith negotiations.

2. Mediation: If the dispute cannot be resolved through negotiation, the Parties agree to submit the dispute to mediation before resorting to arbitration or litigation.

3. Arbitration: Any dispute not resolved by mediation shall be submitted to binding arbitration in the State of [State], under the rules of its respective Arbitration Association.

IX. Miscellaneous

1. Entire Agreement: This Agreement constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior agreements, understandings, and representations.

2. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.

3. Amendments: Any amendments to this Agreement must be in writing and signed by both Parties.

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

5. Waiver: The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

Company Signature:

[Your Name]

[Job Title]

[Your Company Name]

[Month Day, Year]

Partner Signature:

[Name]

[Job Title]

[Your Partner Company Name]

[Month Day, Year]

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