Joint Marketing Agreement (India)

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On numerous occasions two or more businesses will join forces to market and advertise their goods and services for the mutual benefit of both. In this situation it is crucial that the parties have a written Joint Marketing Agreement. This agreement sets forth the detailed arrangement between the parties including the cross-licensing of intellectual property. In the event of disagreements or misunderstandings, a written Joint Marketing Agreement will prove invaluable.

Among others, this legal document contains the following provisions:
  • Parties to the Agreement: This provision contains the identity and names of the businesses entering into the agreement;
  • Joint Advertising and Marketing Efforts: Sets out the specific terms of the agreement between the parties;
  • Term and Termination Provisions: Sets out the date of the initial agreement and procedures for termination of the agreement;
  • Cross-Licensing Provision: Sets forth the specific products which will be cross-licensed.

Protect yourself and your business by using our professionally prepared up-to-date forms.

This lawyer-prepared packet contains:
  1. General Information
  2. Instructions and Checklist
  3. Joint Marketing Agreement for use in India
Law Compliance: This form complies with the laws of the states and territories of India
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Joint Marketing Agreement
(India)

 

 
 
THIS JOINT MARKETING AGREEMENT (the “Agreement”), made and entered into on this ____ day of _________, 20______, by and between ____________________________, a _________________________________________ corporation (“First Party”), with offices at _____________________________________________________________________, and __________________________________________________, a ______________________  corporation, with offices at ___________________________________________________ (“Second Party”) (collectively referred to as “Parties”).
 
RECITALS
 
WHEREAS, First Party is doing the business of __________________________________;
 
WHEREAS, Second Party is doing the business of ________________________________;
 
WHEREAS, First Party and Second Party desires to undertake certain joint advertising and marketing efforts relating to their respective businesses; and
 
WHEREAS, Second Party and First Party desire to continue such joint advertising and marketing to cooperate each other in marketing their products for mutual benefit in accordance with the terms and conditions set forth in this Agreement.
 
 NOW, THEREFORE, in consideration of the premises and mutual promises and representations contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do mutually covenant, stipulate and agree as follows:
 
1. Joint Advertising and Marketing Efforts
 
The parties hereby agree to jointly and cooperatively develop and implement advertising and marketing programs for their products. The parties shall use reasonable efforts to cross-advertise each other products or services through its promotional materials and customer service representatives. Each party shall utilise any personnel, resources, skills, know-how, materials and information, as it deems necessary for such advertising and marketing programs. The parties understand that their cooperative marketing effort results cannot be guaranteed.
 
The parties agree that its individual marketing and advertising efforts shall at all times comply with all applicable laws, rules and regulations and will not contain any material which is obscene, threatening, fraudulent, harassing, libellous and infringing of third party intellectual property rights, or otherwise illegal or offensive.
 
2. Term
 
This Agreement shall commence on the date above written and shall continue for a period of ______________ years (the “Initial Term”) and, upon expiration of the Initial Term, this Agreement shall automatically renew for an additional ___________ year unless one party gives the other party sixty (60) days prior written notice terminating this Agreement.
3. Termination
 
Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. Notwithstanding the foregoing, the expiration or termination of this Agreement will not relieve the parties of any liability or obligation that accrued prior to such expiration or termination. 
 
4. Cross-Licensing Provisions
 
Each party shall provide the other party with documents, materials and electronic files containing the trademarks, logos and trade names of such party to be used under this Agreement. Each party shall grant the other a worldwide, non-exclusive, non-assignable, non-sublicenseable, royalty-free, paid up, limited license to use and display its trademarks, service marks, trade names, or logos (“Marks”) solely for the purpose of performing the mutual obligations under this Agreement.
 
The parties hereto acknowledge and agree that, except for the rights and licenses as expressly granted to each other under this Agreement, each party will retain all right, title and interest in and to its products, services, Marks, and all content, information and other materials, and nothing contained in this Agreement will be construed as conferring any other license or other right, by implication, operation of law or otherwise.
 
5. Confidentiality
 
During the term of this Agreement, each party may disclose to the other information that is confidential and proprietary to the disclosing party (“Confidential Information”). Confidential Information may include, but is not limited to, business plans, marketing plans, financial statements, competitive analysis, market research, product development plans, computer programs, designs, and models, communicated orally, in writing, or by electronic media. Each party agrees that it will hold in strict confidence and not disclose the Confidential Information of the other party to any third party and to use the Confidential Information of the other party for no purpose other than the purposes expressly permitted by this Agreement. Each party shall only permit access to the other partys Confidential Information to those of its employees having a need to know. Each party shall maintain the confidentiality and prevent accidental or other loss or disclosure of any Confidential Information of the other party with at least the same degree of care as it uses to protect its own Confidential Information but in no event with less than reasonable care.
 
A partys obligations of confidentiality under this Agreement shall not apply to information (i) in the public domain, (ii) was known to the party prior to the time of disclosure, (iii) is independently developed by the party prior to receiving such Confidential Information without reference to any Confidential Information, (iv) is required to be disclosed pursuant to a judicial order, a requirement of a governmental agency or by operation of law, provided that such party gives the other party written notice of any such requirement immediately after learning of any such requirement, and takes all reasonable measures to avoid or limit disclosure under such requirements and to obtain confidential treatment or a protective order and has allowed such other party to participate in the proceeding. Upon written request by either party hereto, the other party shall promptly return all documents and other tangible materials representing the requesting partys Confidential Information and all copies thereof. The obligations under this clause shall survive termination of the Agreement
6. Liability
 
Neither party shall have any liability for any error, act or omission in connection with the joint marketing efforts to be undertaken pursuant to this Agreement unless any such error, act or omission derives from wilful misconduct or gross negligence. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUES OR DATA), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIABILITY OF EITHER PARTY FOR DAMAGES OR ALLEGED DAMAGES HEREUNDER, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IS LIMITED TO, AND WILL NOT EXCEED, THE OTHER PARTYS DIRECT DAMAGES.
 
7. Warranties
 
Each party represents and warrants to the other that:
 
(a) it has the full power to enter into this Agreement and to perform its obligations hereunder,
 
(b) this Agreement constitutes a legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms, and
 
(c) this Agreement does not contravene, violate or conflict with any other agreement of such party.
 
8. Disclaimer
 
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES, AND EACH PARTY EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION.
 
9. Independent Contractor
 
Notwithstanding anything in this Agreement, the relationship between the parties will be that of independent contractors. Nothing contained herein will be construed to imply a joint venture, principal or agent relationship, or other joint relationship, and neither party will have the right, power or authority to bind or create any obligation, express or implied, on behalf of the other party. Neither party shall make any claims, representations or warranties on behalf of the other party or bind the other party.
 
 
 
10. Indemnification
 
Each party agrees to indemnify and hold harmless each other from and against any and all claims, damages, liabilities, losses, judgments, costs, and lawyers fees arising directly out of, or relating to such partys gross negligence or wilful misconduct in engaging in the marketing and promotional activities described under this Agreement.
 
11. Force Majeure
 
Neither party shall be liable for any failure to perform under this Agreement resulting from acts of God, civil or military authority, terrorism, war, accidents, fires, explosions, earthquakes or floods; provided that any such event is beyond the partys reasonable control and not caused by fault or negligence.
 
12. Assignment
 
This Agreement may not be transferred or assigned by either party, whether voluntarily or by operation of law, without the prior written consent of the other which consent may be withheld in such partys sole discretion. This Agreement shall inure to the benefit of and be binding upon all permitted successors and assigns.
 
13. Governing Law & Arbitration
 
This Agreement shall be construed under the laws of India. Any controversy or claim arising out of or in relation to this Agreement or the validity, construction or performance of this Agreement, or the breach thereof, shall be resolved by arbitration in accordance with the rules and procedures of the Arbitration & Conciliation Act 1996 in ________________ before a single arbitrator. The parties shall have the right to engage in pre-hearing discovery in connection with such arbitration proceedings. The parties agree hereto that they will abide by and perform any award rendered in any arbitration conducted pursuant hereto, that any court having jurisdiction thereof may issue a judgment based upon such award and that the prevailing party in such arbitration and/or confirmation proceeding shall be entitled to recover its reasonable lawyers fees and expenses. The arbitration award shall be final, binding and non-appealable.
 
14. Notices
 
All notices, requests, demands, waivers and other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally or by facsimile transmission or mailed (certified or registered mail, postage prepaid, return receipt requested):
 
If to First Party, to:             ____________________________________________
               ____________________________________________
               ____________________________________________
 
If to Second Party, to:       _____________________________________________
               _____________________________________________
               _____________________________________________
 
or to such other person or address as any party shall specify by notice in writing to the other party.
 
15. Waiver; Severability
 
No waiver of a partys rights shall be effective unless such waiver is in writing signed by the waiving party. If any provision of this Agreement or the application of such provision to any person or circumstance shall be held invalid, illegal, against public policy or is otherwise unenforceable, the remainder of this Agreement or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby.
 
16. Entire Agreement; Amendment
 
This Agreement constitutes the complete understanding and agreement of the parties and supersedes all prior and contemporaneous negotiations, understandings and agreements with respect to the subject matter of this Agreement. Any modification or amendment of any provision of this Agreement will be effective only if in writing and signed by an authorised representative of both parties.
 
17. Counterparts
 
This Agreement may be executed in one or more counterparts, each of which shall constitute an original, but all of which together shall constitute one instrument.
 
 
IN WITNESS WHEREOF, the parties have executed this Joint Marketing Agreement as of the date first written above.
 
 
_________________________            _______________________
First Party                      Second Party
Number of Pages9
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#38601
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Joint Marketing Agreement
(India)

 

 
 
THIS JOINT MARKETING AGREEMENT (the “Agreement”), made and entered into on this ____ day of _________, 20______, by and between ____________________________, a _________________________________________ corporation (“First Party”), with offices at _____________________________________________________________________, and __________________________________________________, a ______________________  corporation, with offices at ___________________________________________________ (“Second Party”) (collectively referred to as “Parties”).
 
RECITALS
 
WHEREAS, First Party is doing the business of __________________________________;
 
WHEREAS, Second Party is doing the business of ________________________________;
 
WHEREAS, First Party and Second Party desires to undertake certain joint advertising and marketing efforts relating to their respective businesses; and
 
WHEREAS, Second Party and First Party desire to continue such joint advertising and marketing to cooperate each other in marketing their products for mutual benefit in accordance with the terms and conditions set forth in this Agreement.
 
 NOW, THEREFORE, in consideration of the premises and mutual promises and representations contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do mutually covenant, stipulate and agree as follows:
 
1. Joint Advertising and Marketing Efforts
 
The parties hereby agree to jointly and cooperatively develop and implement advertising and marketing programs for their products. The parties shall use reasonable efforts to cross-advertise each other products or services through its promotional materials and customer service representatives. Each party shall utilise any personnel, resources, skills, know-how, materials and information, as it deems necessary for such advertising and marketing programs. The parties understand that their cooperative marketing effort results cannot be guaranteed.
 
The parties agree that its individual marketing and advertising efforts shall at all times comply with all applicable laws, rules and regulations and will not contain any material which is obscene, threatening, fraudulent, harassing, libellous and infringing of third party intellectual property rights, or otherwise illegal or offensive.
 
2. Term
 
This Agreement shall commence on the date above written and shall continue for a period of ______________ years (the “Initial Term”) and, upon expiration of the Initial Term, this Agreement shall automatically renew for an additional ___________ year unless one party gives the other party sixty (60) days prior written notice terminating this Agreement.
3. Termination
 
Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. Notwithstanding the foregoing, the expiration or termination of this Agreement will not relieve the parties of any liability or obligation that accrued prior to such expiration or termination. 
 
4. Cross-Licensing Provisions
 
Each party shall provide the other party with documents, materials and electronic files containing the trademarks, logos and trade names of such party to be used under this Agreement. Each party shall grant the other a worldwide, non-exclusive, non-assignable, non-sublicenseable, royalty-free, paid up, limited license to use and display its trademarks, service marks, trade names, or logos (“Marks”) solely for the purpose of performing the mutual obligations under this Agreement.
 
The parties hereto acknowledge and agree that, except for the rights and licenses as expressly granted to each other under this Agreement, each party will retain all right, title and interest in and to its products, services, Marks, and all content, information and other materials, and nothing contained in this Agreement will be construed as conferring any other license or other right, by implication, operation of law or otherwise.
 
5. Confidentiality
 
During the term of this Agreement, each party may disclose to the other information that is confidential and proprietary to the disclosing party (“Confidential Information”). Confidential Information may include, but is not limited to, business plans, marketing plans, financial statements, competitive analysis, market research, product development plans, computer programs, designs, and models, communicated orally, in writing, or by electronic media. Each party agrees that it will hold in strict confidence and not disclose the Confidential Information of the other party to any third party and to use the Confidential Information of the other party for no purpose other than the purposes expressly permitted by this Agreement. Each party shall only permit access to the other partys Confidential Information to those of its employees having a need to know. Each party shall maintain the confidentiality and prevent accidental or other loss or disclosure of any Confidential Information of the other party with at least the same degree of care as it uses to protect its own Confidential Information but in no event with less than reasonable care.
 
A partys obligations of confidentiality under this Agreement shall not apply to information (i) in the public domain, (ii) was known to the party prior to the time of disclosure, (iii) is independently developed by the party prior to receiving such Confidential Information without reference to any Confidential Information, (iv) is required to be disclosed pursuant to a judicial order, a requirement of a governmental agency or by operation of law, provided that such party gives the other party written notice of any such requirement immediately after learning of any such requirement, and takes all reasonable measures to avoid or limit disclosure under such requirements and to obtain confidential treatment or a protective order and has allowed such other party to participate in the proceeding. Upon written request by either party hereto, the other party shall promptly return all documents and other tangible materials representing the requesting partys Confidential Information and all copies thereof. The obligations under this clause shall survive termination of the Agreement
6. Liability
 
Neither party shall have any liability for any error, act or omission in connection with the joint marketing efforts to be undertaken pursuant to this Agreement unless any such error, act or omission derives from wilful misconduct or gross negligence. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUES OR DATA), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIABILITY OF EITHER PARTY FOR DAMAGES OR ALLEGED DAMAGES HEREUNDER, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IS LIMITED TO, AND WILL NOT EXCEED, THE OTHER PARTYS DIRECT DAMAGES.
 
7. Warranties
 
Each party represents and warrants to the other that:
 
(a) it has the full power to enter into this Agreement and to perform its obligations hereunder,
 
(b) this Agreement constitutes a legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms, and
 
(c) this Agreement does not contravene, violate or conflict with any other agreement of such party.
 
8. Disclaimer
 
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES, AND EACH PARTY EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION.
 
9. Independent Contractor
 
Notwithstanding anything in this Agreement, the relationship between the parties will be that of independent contractors. Nothing contained herein will be construed to imply a joint venture, principal or agent relationship, or other joint relationship, and neither party will have the right, power or authority to bind or create any obligation, express or implied, on behalf of the other party. Neither party shall make any claims, representations or warranties on behalf of the other party or bind the other party.
 
 
 
10. Indemnification
 
Each party agrees to indemnify and hold harmless each other from and against any and all claims, damages, liabilities, losses, judgments, costs, and lawyers fees arising directly out of, or relating to such partys gross negligence or wilful misconduct in engaging in the marketing and promotional activities described under this Agreement.
 
11. Force Majeure
 
Neither party shall be liable for any failure to perform under this Agreement resulting from acts of God, civil or military authority, terrorism, war, accidents, fires, explosions, earthquakes or floods; provided that any such event is beyond the partys reasonable control and not caused by fault or negligence.
 
12. Assignment
 
This Agreement may not be transferred or assigned by either party, whether voluntarily or by operation of law, without the prior written consent of the other which consent may be withheld in such partys sole discretion. This Agreement shall inure to the benefit of and be binding upon all permitted successors and assigns.
 
13. Governing Law & Arbitration
 
This Agreement shall be construed under the laws of India. Any controversy or claim arising out of or in relation to this Agreement or the validity, construction or performance of this Agreement, or the breach thereof, shall be resolved by arbitration in accordance with the rules and procedures of the Arbitration & Conciliation Act 1996 in ________________ before a single arbitrator. The parties shall have the right to engage in pre-hearing discovery in connection with such arbitration proceedings. The parties agree hereto that they will abide by and perform any award rendered in any arbitration conducted pursuant hereto, that any court having jurisdiction thereof may issue a judgment based upon such award and that the prevailing party in such arbitration and/or confirmation proceeding shall be entitled to recover its reasonable lawyers fees and expenses. The arbitration award shall be final, binding and non-appealable.
 
14. Notices
 
All notices, requests, demands, waivers and other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally or by facsimile transmission or mailed (certified or registered mail, postage prepaid, return receipt requested):
 
If to First Party, to:             ____________________________________________
               ____________________________________________
               ____________________________________________
 
If to Second Party, to:       _____________________________________________
               _____________________________________________
               _____________________________________________
 
or to such other person or address as any party shall specify by notice in writing to the other party.
 
15. Waiver; Severability
 
No waiver of a partys rights shall be effective unless such waiver is in writing signed by the waiving party. If any provision of this Agreement or the application of such provision to any person or circumstance shall be held invalid, illegal, against public policy or is otherwise unenforceable, the remainder of this Agreement or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby.
 
16. Entire Agreement; Amendment
 
This Agreement constitutes the complete understanding and agreement of the parties and supersedes all prior and contemporaneous negotiations, understandings and agreements with respect to the subject matter of this Agreement. Any modification or amendment of any provision of this Agreement will be effective only if in writing and signed by an authorised representative of both parties.
 
17. Counterparts
 
This Agreement may be executed in one or more counterparts, each of which shall constitute an original, but all of which together shall constitute one instrument.
 
 
IN WITNESS WHEREOF, the parties have executed this Joint Marketing Agreement as of the date first written above.
 
 
_________________________            _______________________
First Party                      Second Party

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