contracts
Co-Marketing Agreement: Template and How to Draft One (2026)
What a co-marketing agreement is A co-marketing agreement is a contract between two companies that agree to promote something together. The classic forms are a joint campaign, a shared webinar or event, a bundled or cross-promoted offer, and co-branded content such as a report or a guide. Each company keeps its own identity and products; what they share is marketing effort and audiences. The agreement records who does what, who pays for what, how each brand may be used, how leads and data are shared, and who owns the materials they create together. The appeal is simple: two companies with complementary audiences can reach more people together than apart, and share the cost. The risks are just as real. Brands can be misused, campaigns can run late or off-message, lead sharing can breach data protection law, and the ownership of jointly created content becomes a fight the moment the partnership ends. A short, clear agreement settles these before the campaign starts, when goodwill is high. This is general information, not legal advice. Co-marketing touches trademark, advertising and data protection rules that vary by country, so have an important co-marketing agreement reviewed by a qualified professional. ## A co-marketing agreement template you can copy ```
CO-MARKETING AGREEMENT Date: [date] Party A: [legal name and address] Party B: [legal name and address] The Campaign: [describe the joint marketing activity] 1. PURPOSE AND SCOPE The parties will work together on the Campaign described above during the term. Each party keeps its own products, brand and customers. 2. RESPONSIBILITIES Party A will: [tasks, for example design, host the webinar, provide content]. Party B will: [tasks, for example promote to its list, provide a speaker, co-fund ads]. A timeline is set out in Schedule 1. 3. COSTS Each party bears its own costs unless stated. Shared costs, such as advertising spend, are split [50/50 or stated shares] and reconciled [monthly / at the end]. 4. BRAND AND TRADEMARK USE Each party grants the other a limited, revocable licence to use its name, logo and trademarks solely for the Campaign, in line with its brand guidelines (Schedule 2). All Campaign materials are approved by both parties before release. Brand use stops when the agreement ends. 5. CONTENT AND OWNERSHIP Each party owns its own contributions. Jointly created materials are owned by [Party / jointly], and each party has a [licence] to use them for [period] after the Campaign. 6. LEADS AND DATA Leads from the Campaign are [shared / exclusive to the party that generated them / split as agreed]. Each party will use shared personal data only for [agreed purpose], with a lawful basis under applicable data protection law, and will keep it secure. No party adds the other's contacts to its marketing lists without consent. 7. COMPLIANCE AND APPROVALS All Campaign communications comply with applicable advertising, spam and data protection law. Each party is responsible for claims it makes about its own products. 8. CONFIDENTIALITY Each party keeps the other's confidential information, including list sizes and performance data, private. 9. TERM AND TERMINATION This agreement runs for the Campaign period or [period]. Either party may terminate for material breach not cured within [number] days. On termination, brand use stops and each party stops using the other's shared leads, subject to legal retention. 10. LIABILITY AND GOVERNING LAW Neither party is liable for the other's product claims or conduct. This agreement is governed by the law of [place]. SIGNED Party A ____________ Date ______ Party B ____________ Date ______
- No brand approval step. Letting a partner use your logo without sign-off invites off-brand or inaccurate materials.
- Silence on content ownership. Unowned joint content becomes a dispute the day the partnership ends.
- Uncapped responsibility for the other's claims. You should not carry the risk of your partner's product promises; say so.
- No clean end. Without a termination clause that switches off brand use and lead use, the relationship lingers awkwardly. ## How jurisdiction changes things Co-marketing crosses three bodies of law that vary by market. Advertising rules differ on what claims and comparisons are allowed and how endorsements must be disclosed. Anti-spam and electronic marketing rules, such as the EU and UK rules on consent for marketing messages and the US CAN-SPAM regime, govern how shared leads can be contacted. Data protection law, including the EU and UK GDPR and, in India, the Digital Personal Data Protection Act, 2023, governs how shared personal data is used. <!-- [VERIFY: DPDP Act 2023 rules and phased commencement; confirm current status] --> Trademarks are territorial, so a brand licence is only meaningful where the mark is protected. Confirm the advertising, marketing and data rules for every country the Campaign reaches. ## Keeping a partnership documented A co-marketing partnership generates more paper than it looks: the agreement, the brand guidelines, the campaign plan, approvals, and the data terms around lead sharing. The value of the record is in keeping them linked and current, so the brand rules, the lead-sharing terms and the ownership of content all match what both sides agreed. That is the same discipline every company needs across its contracts. Drafting from a clear template, catching a clause where lead sharing or content ownership is one-sided or missing, editing wording in plain language, and holding each version with its date can live in one AI workspace tuned to how your company partners. [Adira](https://adiralaw.com) is built around that single workspace idea. For a single co-marketing agreement the template above is a strong start; the point worth borrowing is that a partnership stays easy to trust when every document behind it lives in one place and in step.
Frequently asked questions
- What is a co-marketing agreement?
- It is a contract between two companies that agree to promote something together, such as a joint campaign, a shared webinar, a bundled offer, or co-branded content. It sets out what each party will do, who pays for what, how brands and trademarks may be used, how leads and data are shared, and who owns the materials created. It is about marketing effort, not reselling products.
- What is the difference between co-marketing and co-branding?
- Co-marketing is two companies running joint marketing activity, each keeping its own identity, to reach each other's audiences. Co-branding usually means putting two brands together on a single product or offering. Co-marketing agreements focus on campaigns, content and lead sharing; co-branding leans more on product, trademark and quality control terms. Many partnerships involve a bit of both.
- How should leads and customer data be shared in a co-marketing deal?
- This is the clause that most often causes trouble. Decide whether leads are shared, exclusive to one party, or split, and set the rules for using them. Because contact details are personal data, data protection law applies: each party needs a lawful basis to use shared leads, and the agreement should set out consent, permitted use and security. Treat lead sharing as a data protection question, not just a commercial one.
- Who owns the content created in a co-marketing campaign?
- State it expressly. Jointly created materials, such as a co-branded report or webinar recording, need an owner and a licence for the other party to keep using them. A common approach is that each party owns its own contributions and both get a licence to use the joint materials for an agreed period. Silence leads to disputes when the partnership ends and one party wants to keep using the content.
- How do you protect each brand in a co-marketing agreement?
- Grant each party a limited licence to use the other's trademarks and brand only for the agreed campaign, require approval of materials before they go out, and set brand guidelines. Say what happens to the use of each brand when the agreement ends. This protects both reputations and prevents one party using the other's brand beyond the campaign.
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