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A Marketing Agreement, also known as a Joint Marketing Agreement, sets forth the terms and conditions under which a Marketer will assist a Client in selling their goods and/or services by creating materials that promote their products and engaging in activities to introduce the Client's products to new customers. These marketing materials can include pamphlets, brochures, websites, advertisements, and booths to be displayed at trade shows. In some situations, a Marketer might also take on the responsibility of making the sales to customers and then transmitting those sales to the Client to be fulfilled. Using this Agreement, the Client and Marketer can both protect their interests and intellectual property, as well as ensuring that the Marketer's products reflect the Client's vision and desires.
How to use this document
This Marketing Agreement can be created by either the Marketer or the Client. The document includes various options to tailor the Agreement to meet the Parties' needs. The Agreement allows the Parties to specify the following important details that will guide the business relationship:
After inputting the required information, the Agreement is printed out and signed by both Parties, and then kept on file by both Parties for the duration of the Agreement as well as for a reasonable period of time thereafter. Once the Parties have completed the Agreement, they can be confident that the Marketer can focus on marketing the Client's products and facilitating sales to new customers.
Marketing agreements in the United States are subject to both Federal laws and specific state laws, which cover general contract principles like formation and mutual understanding. Federal laws may restrict what services can be contracted for (for example, you may not contract for a Marketer to do anything illegal) and certain broad categories, like contracting for something that looks more like a business partnership than a Marketer/Client relationship, but individual state laws may govern the interpretation of the contract in case of a dispute.
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