Marketing Agreement Template (UK)

This Marketing Agreement (known as the “Agreement”) is effective as of [Insert Date]. It outlines the contract between [Sender Name] and [Company Name]. Individually, [Sender Name] and [Company Name] may be referred to as a “Party.” Collectively, they are referred to as the “Parties.”

Both Parties desire to establish a non-exclusive marketing agreement to market each other’s products to their respective customers.

The Agreement can be changed, altered, or even terminated as needed but it must be agreed to and signed by both Parties. This is known as an “Amendment.”  

1. Scope of Agreement

Both Parties agree to perform the activities outlined in the attached scope of work. Each Party acknowledges that it is their individual and collective obligation to fulfill the activities listed to meet the requirements of this contract.

2. Reporting

Within [Enter Number of Days] days of a new calendar month, both Parties will provide an overview of the data gained during the previous month. This includes but is not limited to data like sales, website traffic, SEO, and more.

3. User tracking

Both Parties will track user data using reliable tracking mechanisms in an effort to monitor ongoing marketing efforts. The client can track this personal data using social media, analytics, or any other tracking methods deemed acceptable.

4. Licenses

Both Parties grant royalty-free licenses to use each other’s trademarks, logos, and product materials during the terms of the contract. Both Parties agree to request written permission first. Both Parties promise not to alter or change the other Party’s trademarks, logos, and product materials. Each Party acknowledges the intellectual property rights of the other Party.

5. Payment terms

Both Parties agree to pay invoices within the first [Number of Days] days of the month. Both Parties agree to take care of retainer fees and any other outstanding invoices. 

6. Condition of termination 

The terms of the Agreement will remain effective until [Insert Timeline] from the Effective Date unless terminated first.

The terms will continue to automatically renew every [Insert Timeline] without notice until canceled. 

If either Party fails to deliver on the scope of this Agreement, the contract can be terminated. The non-defaulting Party must provide 30 days notice to the defaulting Party. However, either Party may cancel the Agreement for any reason, provided they give the other Party 60 days notice.

One the Agreement is terminated, both Parties agree to end all marketing promotions. Neither Party is under any obligation, except for withstanding financial responsibilities. 

7. Governing laws

Both Parties agree to adhere to all statutory regulations and to comply with the jurisdictions of the United Kingdom. 

8. Indemnification

Both Parties indemnify and acknowledge that all employees, officers, and directors are not responsible for any costs or damages occurred during the remainder of the contract. 

9. Confidentiality

Both Parties will be privy to confidential information throughout the course of the contract. This includes information such as business affairs, finances, pricing structure, product information, and other information that could be considered trade secrets. 

Both Parties agree to keep this information confidential and will require all employees and contractors to agree to a non-disclosure agreement. Both Parties agree to use this information solely for the purpose of carrying out the terms of the contract. However, the information may be disclosed if ordered by a subpoena or other legal matters. 

10. Independent Contractors

Both Parties acknowledge that they are considered Independent Contractors and are not considered a representative of the other Party. Both Parties acknowledge that they have no right to enter into an agreement on behalf of the other Party. This Agreement and does represent a partnership between the two companies. Nor does it create any liability for either party.

11. Non-exclusivity

Both Parties acknowledge the non-exclusivity of this contract arrangement. The Parties are free to form similar agreements with other companies.

12. Best efforts 

Both Parties agree to comply with the terms of this Agreement to the best of their abilities. Both Parties will use the skills and resources available to them to market the other Party’s products.

IN WITNESS WHEREOF, a representative from [Sender Name] and [Receiver Name] have read, reviewed, and agreed to this Marketing Agreement. The contract is considered legal and valid upon signing by both Parties.