Joint Marketing Agreement

Joint Marketing Agreement Template for Singapore

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Key Requirements PROMPT example:

"Need a Joint Marketing Agreement for a 12-month collaboration between our fintech company and a major retail bank in Singapore, focusing on co-branded credit card promotions starting March 2025, with specific provisions for social media marketing and data sharing."

What is a Joint Marketing Agreement?

A Joint Marketing Agreement is essential when two or more parties wish to collaborate on marketing initiatives while protecting their respective interests under Singapore law. This document is particularly relevant for businesses seeking to combine marketing resources, share costs, or leverage each other's brand strength in the Singapore market. The agreement addresses crucial elements such as brand usage rights, cost allocation, campaign management, data protection under PDPA, and compliance with Singapore's advertising regulations. It's commonly used for co-branded campaigns, joint promotions, or shared marketing initiatives where clear guidelines and responsibilities need to be established.

What sections should be included in a Joint Marketing Agreement?

1. Parties: Identification and details of the parties entering into the agreement

2. Background/Recitals: Context and purpose of the marketing collaboration

3. Definitions and Interpretation: Key terms used throughout the agreement

4. Scope of Collaboration: Detailed description of joint marketing activities and responsibilities

5. Term and Termination: Duration of agreement and termination provisions

6. Financial Arrangements: Cost sharing, revenue sharing, and payment terms

7. Intellectual Property Rights: Ownership and usage rights of marketing materials and brands

8. Confidentiality: Protection of confidential information shared during collaboration

9. Data Protection: PDPA compliance and data handling requirements

10. General Provisions: Standard boilerplate clauses including governing law

What sections are optional to include in a Joint Marketing Agreement?

1. Exclusivity: Restrictions on partnering with competitors - use when parties want exclusive marketing arrangements

2. Territory Rights: Geographical scope of marketing activities - use for international or region-specific campaigns

3. Regulatory Compliance: Industry-specific compliance requirements - use for regulated industries like finance or healthcare

4. Performance Metrics: KPIs and measurement criteria - use when specific performance targets are required

5. Force Majeure: Provisions for unforeseen circumstances - use when long-term commitments are involved

What schedules should be included in a Joint Marketing Agreement?

1. Marketing Plan: Detailed campaign strategies and timelines

2. Brand Guidelines: Specifications for brand usage and marketing materials

3. Budget Allocation: Detailed breakdown of marketing expenses and cost sharing

4. Approved Marketing Materials: Pre-approved content and templates

5. Contact Details: Key personnel and escalation protocols

6. Performance Metrics Schedule: Detailed KPIs and measurement methodologies

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Retail
Technology
Financial Services
Consumer Services
Entertainment
Healthcare

Relevant Teams

Marketing
Legal
Business Development
Finance
Brand Management
Compliance

Relevant Roles

Chief Marketing Officer
Brand Manager
Marketing Director
Business Development Manager
Legal Counsel
Partnership Manager

Industries

Singapore Contract Law: Common law principles governing contract formation, execution, and enforcement. Includes basic elements of contract like offer, acceptance, consideration, and intention to create legal relations.

Contracts (Rights of Third Parties) Act 2001: Legislation governing how third parties may enforce terms of a contract to which they are not direct parties, relevant for marketing partnerships involving multiple stakeholders.

Electronic Transactions Act 2010: Legislation governing electronic contracts and signatures, important if the agreement is executed electronically.

Singapore Code of Advertising Practice (SCAP): Industry guidelines setting standards for advertising content, ensuring advertisements are legal, decent, honest and truthful.

Consumer Protection (Fair Trading) Act: Law protecting consumers against unfair practices and ensuring fair trading standards in marketing activities.

Personal Data Protection Act 2012: Comprehensive data protection law governing the collection, use, disclosure, and care of personal data in Singapore.

Spam Control Act 2007: Legislation controlling unsolicited commercial messages and setting requirements for marketing communications.

Trade Marks Act: Law protecting trademarks and governing their use in marketing materials and brand collaborations.

Competition Act 2004: Law ensuring fair competition and preventing anti-competitive practices in business collaborations and marketing agreements.

Broadcasting Act: Regulation of broadcasting services and content standards, relevant for marketing through broadcast media.

Internet Code of Practice: Guidelines governing online content and digital marketing practices in Singapore.

MAS Guidelines: Monetary Authority of Singapore guidelines specific to financial services marketing and promotion.

E-commerce Regulations: Rules governing online business transactions and digital marketing practices.

PDPA Do Not Call Registry: Requirements related to telemarketing and messaging to numbers registered in the Do Not Call Registry.

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