This checklist co-branding agreement template has 5 pages and is a MS Word file type listed under our software & technology documents.
Sample of our checklist co-branding agreement template:
CHECKLIST cO-BRANDING AGREEMENT TERMS AND PROVISIONS Not all items are relevant in all contractual situations. In some situations, other provisions may be appropriate that are not listed below. The following checklist is, however, a basic and general guide as to what provisions it may be important to include, or at least consider, in a Co-branding agreement that you enter into. This document is not intended to substitute for legal advice nor legal wording provided by a competent advisor in the relevant legal jurisdiction. Title of contract Identity of the parties Individuals or business entities In a Co-branding agreement, one party who generally has a developed web concept, creates a Co-branded page, accessible through the web page of the other party. If businesses, what type? (partnership, corporation, LLC, etc.) Name of person signing on behalf of the business Signer's official title. Does he or she have authority to bind the business? Addresses of the parties General Purpose of Co-Branding Agreements The Co-branded page(s) generally include the business concept and certain of the content of the first party. The parties generally agree to the financial relationship relative to revenues from the Co-branded page. Agreement allocates responsibilities for development and ongoing financial responsibility. Preliminary Matters - Matters generally contained in the opening paragraph What party owns the copyrights? Make sure all parties with rights that are affected are made parties to the Agreement. Describe the purpose for entering the agreement. Describe the general business of the page to be Co-branded. What is the scope of that page? What scope of rights are being subject to the Co-branded page? Describe all aspects of what is being Co-branded. Describe the URL locations of the various pages. Generally described the fact of the development responsibility over the Co-branded pages. Responsibilities Concerning Development of Co-Branded Pages Describe what party is responsible for developing the Co-branded page(s). Generally this will be the owner of the primary page. Any compensation for creating the Co-branded page? Will expenses be passed to the non-developing party? What will those expenses be? What content will be included in the Co-branded page(s)? Will look, feel and functionality be the same as the primary site? Is any material from primary site prohibited from being used in the Co-branded page? Will the non-developing party have approval rights over final page? Will the site be accessible during the development? What delivery obligations relative to website content? (Text, Graphics, Logo, Product, etc.) What obligations concerning updating the Co-branded pages? What if the primary site changes. Does the Co-branded site also change? Marketing and Linking Obligations What are the responsibilities of each party to market the Co-branded page(s)? Define any specific requirements relative to marketing Must a specific marketing budget be dedicated to marketing the site? Or to the site through which users will gain access to the Co-branded site? Must the owner of the primary site provide a link from it's page to the Co-branded or other pages of the developing party? What is the positioning, size, content of those links? Must the primary site owner provide graphics etc for placement on the website? Will the owner of the primary site have any responsibilities concerning marketing? Will it provide assistance in marketing, consultation, etc.? Will there be any special offers or promotions that will apply to users what party access the Co-branded site? Will these users be offered the same promotions etc. as the primary customers? What party will be responsible for funding advertising? Will owner of primary site make any contribution to advertising? Can either party use the affiliation in their marketing and advertising materials? Must approval be received prior to use? Will the parties do a joint press release announcing the affiliations? If so, what party will pay the cost? What is the scope of the press release? What service will be used? Customer and Technical Support What party will provide customer service to users accessing the Co-branded page? It usually makes sense to have the owner of the primary site provide customer service as that party has existing mechanisms and knows its own business. Is there any additional compensation for customer support? Define parameters of customer service responsibilities. Copyrights, Trademarks, Other Intellectual Property Define what party has rights to various intellectual property. Content, logos, graphics, etc. Provide for licenses where one party is permitted to use the intellectual property of the other party. Provide for license of materials contained in links that will be included on websites. This should include a license to use trademarks where appropriate. Permit use of trademarks of the non-developing party to be included on the Co-branded page
