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Cross Promotion Agreement Template for Hong Kong

A Hong Kong-governed agreement that establishes the terms and conditions for a collaborative promotional partnership between two or more parties. The document outlines the specific promotional activities, responsibilities of each party, usage of intellectual property, approval processes, and cost-sharing arrangements. It incorporates Hong Kong's legal requirements regarding advertising standards, data privacy, consumer protection, and competition law, while providing a framework for joint marketing initiatives that benefit all participating parties.

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What is a Cross Promotion Agreement?

The Cross Promotion Agreement is essential for businesses in Hong Kong looking to establish mutually beneficial marketing partnerships. This document is particularly relevant when two or more companies wish to leverage each other's brand strength, customer base, or marketing channels to promote their products or services collaboratively. It addresses key aspects such as promotional scope, brand usage rights, approval processes, and cost allocation, while ensuring compliance with Hong Kong's legal framework, including the Trade Descriptions Ordinance and Personal Data (Privacy) Ordinance. The agreement is commonly used for joint marketing campaigns, co-branded promotions, loyalty program partnerships, and shared advertising initiatives, providing clear guidelines and protections for all parties involved.

What sections should be included in a Cross Promotion Agreement?

1. Parties: Identifies the parties entering into the agreement, including their full legal names, registration numbers, and registered addresses

2. Background: Sets out the context of the agreement, including brief descriptions of each party's business and their intentions for the cross-promotion

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Scope of Promotion: Details the nature and extent of the promotional activities to be undertaken by each party

5. Term and Termination: Specifies the duration of the agreement and circumstances under which it can be terminated

6. Obligations of Party A: Outlines the specific promotional commitments and responsibilities of the first party

7. Obligations of Party B: Outlines the specific promotional commitments and responsibilities of the second party

8. Intellectual Property Rights: Addresses the usage rights and restrictions regarding trademarks, logos, and other IP during the promotion

9. Approval Process: Details the procedure for reviewing and approving promotional materials

10. Costs and Revenue Sharing: Specifies how promotional costs will be allocated and any revenue sharing arrangements

11. Confidentiality: Protects confidential information shared during the promotion

12. General Provisions: Contains standard contractual provisions including governing law, notices, and amendment procedures

What sections are optional to include in a Cross Promotion Agreement?

1. Data Protection: Required when the promotion involves collecting or sharing customer data

2. Digital Marketing: Include when the promotion involves online or social media activities

3. Performance Metrics: Add when specific promotional targets or KPIs need to be measured

4. Exclusivity: Include when parties agree to exclusive promotional arrangements

5. Customer Service: Required when the promotion involves direct customer interaction or support

6. Insurance: Include when promotional activities involve physical events or significant risks

7. Force Majeure: Add when there's a need to address unforeseen circumstances affecting the promotion

8. Dispute Resolution: Include when parties want specific dispute resolution procedures beyond court litigation

What schedules should be included in a Cross Promotion Agreement?

1. Schedule 1 - Promotional Materials: Contains specifications for all approved promotional materials, including logos, taglines, and design guidelines

2. Schedule 2 - Promotion Timeline: Detailed timeline of promotional activities, including key dates and milestones

3. Schedule 3 - Budget and Cost Allocation: Breakdown of promotional costs and payment responsibilities

4. Schedule 4 - Brand Guidelines: Specific requirements for brand usage and promotional content

5. Schedule 5 - Performance Metrics: Detailed KPIs and measurement methodologies for the promotion

6. Appendix A - Approval Forms: Template forms for promotional material approval process

7. Appendix B - Contact Details: List of key contacts from each party responsible for various aspects of the promotion

Authors

Alex Denne

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

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Purchase Agreement

Cost

Free to use

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