Cross-Marketing Agreement

by Practical Law Commercial Transactions

A Standard Document for a cross-marketing agreement, also known as a co-marketing or cross-promotion agreement, to be used when two independent companies agree to promote each other's products or services. This Standard Document provides a contractual framework for the mutual promotion activities, including the exchange of marketing materials and the structure for potential referral commissions. It addresses key commercial and legal considerations, including a limited, non-exclusive trademark license to allow each Party to use the other's marks, mutual confidentiality obligations to protect shared business information, and reciprocal indemnification for certain third-party claims. This Standard Document also addresses the potential for antitrust scrutiny in these types of collaborations. This Standard Document has integrated drafting notes with important explanations and drafting tips.