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Marketing Partnership Agreement for Hong Kong

Marketing Partnership Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes and regulates a marketing partnership between two or more parties. The document outlines the terms of collaboration for marketing activities, including responsibilities, brand usage rights, approval processes, and financial arrangements. It ensures compliance with Hong Kong's marketing regulations, data privacy laws, and intellectual property protection while providing clear guidelines for joint marketing initiatives and risk allocation between partners.

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What is a Marketing Partnership Agreement?

The Marketing Partnership Agreement is a vital legal instrument used when two or more entities wish to collaborate on marketing initiatives while operating under Hong Kong jurisdiction. This document is essential for businesses seeking to formalize their marketing collaboration, whether for specific campaigns, long-term promotional activities, or joint branding initiatives. It addresses key aspects such as brand usage rights, approval processes, data protection compliance, financial arrangements, and risk allocation. The agreement is particularly important in Hong Kong's dynamic business environment, where marketing partnerships must navigate specific regulatory requirements including the Personal Data (Privacy) Ordinance, Trade Descriptions Ordinance, and intellectual property laws. It provides a structured framework for partners to align their marketing objectives while protecting their respective interests and ensuring regulatory compliance.

What sections should be included in a Marketing Partnership Agreement?

1. Parties: Identification and details of the contracting parties

2. Background: Context of the partnership and brief description of each party's business

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Partnership: Detailed description of the marketing partnership arrangement and its objectives

5. Term and Termination: Duration of the agreement and conditions for termination

6. Marketing Obligations: Specific marketing activities and responsibilities of each party

7. Branding and Intellectual Property: Rules for using each party's brands, logos, and other IP

8. Approval Process: Procedures for reviewing and approving marketing materials

9. Financial Terms: Cost sharing, payment terms, and financial obligations

10. Confidentiality: Protection of confidential information shared during the partnership

11. Data Protection: Compliance with PDPO and data handling requirements

12. Representations and Warranties: Each party's assurances about their rights and capabilities

13. Limitation of Liability: Limits on parties' liability and indemnification provisions

14. General Provisions: Standard legal clauses including governing law, notices, and assignment

What sections are optional to include in a Marketing Partnership Agreement?

1. Revenue Sharing: Include when the partnership involves sharing revenue from marketing activities

2. Performance Metrics: Include when specific KPIs or performance targets are part of the agreement

3. Exclusivity: Include when parties agree to exclusive marketing arrangements

4. Social Media Guidelines: Include when partnership involves social media marketing

5. Influencer Management: Include when partnership involves influencer marketing

6. Cross-Border Marketing: Include when marketing activities extend beyond Hong Kong

7. Crisis Management: Include when dealing with high-risk or sensitive marketing activities

8. Customer Data Sharing: Include when parties will share customer databases or lists

What schedules should be included in a Marketing Partnership Agreement?

1. Schedule 1 - Marketing Activities: Detailed list and description of agreed marketing activities

2. Schedule 2 - Brand Guidelines: Specific requirements for brand usage and visual identity

3. Schedule 3 - Fee Schedule: Detailed breakdown of costs, fees, and payment terms

4. Schedule 4 - Approval Matrix: Timeline and responsible parties for marketing approvals

5. Schedule 5 - Performance Metrics: Specific KPIs and measurement criteria

6. Appendix A - Creative Assets: List of approved logos, images, and creative materials

7. Appendix B - Contact Details: Key personnel and contact information for both parties

8. Appendix C - Compliance Checklist: Marketing compliance requirements and guidelines

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

Reference Letter

Cost

Free to use

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