The Comarketing Agreement is essential for businesses seeking to collaborate on marketing initiatives while operating under German law. This document is typically used when two or more companies wish to combine their marketing efforts, share resources, or promote their products/services together. The agreement addresses key aspects required under German legislation, including compliance with the Act Against Unfair Competition (UWG), data protection regulations (GDPR and BDSG), and competition laws (GWB). It outlines the scope of marketing activities, brand usage permissions, approval processes, budget allocations, and operational responsibilities while ensuring proper protection of intellectual property rights and maintaining compliance with German advertising standards.
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1. Parties: Identification of the contracting parties with full legal names and addresses
2. Background: Context of the agreement and general objectives of the co-marketing relationship
3. Definitions: Key terms used throughout the agreement including Marketing Materials, Territory, Brand Guidelines, etc.
4. Scope of Collaboration: Details of the co-marketing activities and overall framework of cooperation
5. Term and Termination: Duration of the agreement and circumstances for termination
6. Marketing Activities and Approvals: Specific marketing activities covered and approval processes for marketing materials
7. Brand Usage and Guidelines: Rules and restrictions for using each party's brands, logos, and marketing materials
8. Intellectual Property Rights: Ownership and licensing of intellectual property used in marketing activities
9. Compliance with Laws: Obligations to comply with German marketing laws, data protection, and competition regulations
10. Confidentiality: Protection of confidential information exchanged during the collaboration
11. Representations and Warranties: Standard warranties regarding authority, intellectual property rights, and compliance
12. Liability and Indemnification: Allocation of risks and responsibilities between parties
13. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, etc.
1. Digital Marketing Provisions: Specific provisions for online marketing activities, social media, and digital content when digital marketing is part of the collaboration
2. Data Protection and Processing: Detailed provisions for handling personal data when customer data sharing is involved
3. Budget and Cost Sharing: Financial arrangements and cost allocation when parties share marketing expenses
4. Event Management: Specific provisions for organizing and managing joint marketing events
5. Performance Metrics: KPIs and measurement criteria when specific performance targets are agreed
6. Territory Restrictions: Geographical limitations when marketing activities are limited to specific regions
7. Third-Party Contractors: Rules for engaging external agencies or contractors in marketing activities
1. Schedule 1 - Brand Guidelines: Detailed brand usage guidelines, including logos, colors, and styling requirements
2. Schedule 2 - Approved Marketing Activities: List of specific marketing activities agreed between the parties
3. Schedule 3 - Approval Process: Detailed procedures for obtaining approvals for marketing materials
4. Schedule 4 - Contact Details: Key contacts for each party for different aspects of the collaboration
5. Schedule 5 - Budget Allocation: Detailed breakdown of marketing budgets and cost sharing if applicable
6. Schedule 6 - Technical Requirements: Technical specifications for digital marketing activities if applicable
7. Schedule 7 - Compliance Checklist: Specific compliance requirements under German law
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