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How to create/write a product marketing agreement

ChrisPChrisP subscriber Posts: 2
edited July 2008 in Business Planning
I have an opportunity to market  three things. The first two are products--a book and a DVD of a live workshop) and the third is the actual live workshop -- all of which have been created and are presently offered/sold by a friend who, by his own admission, has minimal experience in marketing. He is, however, an expert in his field and over time has acquired a number of satisfied customers. And he has achieved a certain level of success using a very primitive website. Marketing (and sales) are how I`ve spent my career and we`ve agreed that he is willing to turn over all responsibility for the marketing of his products to me. Where I need help is in drafting the language of an agreement that would grants me the rights to sell his products, use his trademarked or copyrighted product names, product literature, copy from his website, testimonials, etc. for the purposes of promoting his products. If you have been party to a similar arrangement and can advise in the creation of an agreement with language that spells out what I will do, what he is granting in the way of permission etc, I would be very interested in receiving your input.
I`m not an attorney but I don`t perceive this to be a "licensing" agreement--though it actually may qualify as one.
Any thoughts, advice, suggestions, help is welcome.
cperri at msn com


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    DeenaEsqDeenaEsq subscriber Posts: 0
    What you want in an agreement all depends on how you want your ownership interest structured.  If you`re not using his products as your own and collecting the profits (which is what it sounds like to me from your description), then a licensing agreement isn`t really what you`re looking for.  You`d need something more like an independent contractor agreement or a basic marketing agreement with him (depending on how you want it structured) spelling out each of your rights and how each of you will be compensated.  Personally, I`d lean toward a marketing agreement...
    Hope that helps.
    Deena Burgess, Esq.


    Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post.  No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation.  Any advice given here is not intended to creat an attorney-client relationship in any way.
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    ChrisPChrisP subscriber Posts: 2
    Thank you, Deena, for taking time to reply. I appreciate your comments. I guess what I`m really searching for is some direction re: where I might find an example of a marketing agreement so that I can draft a preliminary version to use as a starting point for further discussion with my friend. If you have any thoughts about where I might locate a generic version (or otherwise) to review, I would appreciate hearing about it.
    Thanks again for your thoughts and input.
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    DeenaEsqDeenaEsq subscriber Posts: 0
    Try www.lectlaw.com.  Their forms aren`t half bad...  They certainly won`t catch everything, but they might be a place to start.
    Otherwise try googling "marketing agreement form".
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    sydni212sydni212 subscriber Posts: 0
    I often use this site for examples to various agreements.
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    KevDevKevDev subscriber Posts: 5 Member
    I think this might be one of those cases where it is better to be pound wise rather than penny foolish and consult a professional. I know of several cases, not unlike your situation, where saving a few hundred bucks on attorney fees cost the business owner thousands.
    Good luck!
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    infiniqueinfinique subscriber Posts: 0 Member
    It's better to start of with a MOU before going more in depth into a contractual agreement.
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    Clearcandy1Clearcandy1 subscriber Posts: 1
    An exclusive marketing agreement must cover all financial aspects and define who is responsible for each. The agreement details the marketer's cost per unit and may include a list of price breaks based on order quantity. It also defines who is responsible for shipping costs, insurance, particular taxes and promotional costs.
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    alicemenezesalicemenezes subscriber Posts: 0
    I think you should get a lawyer, nothing fancy but just to help you through. A minor glitch in an agreement can affect a lot.
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