A Guide to IT Contracting, 2nd Edition

Chapter 11

Joint Marketing Agreements

CHECKLIST

Preengagement Considerations

• □ Scope of engagement

• □ Nondisclosure agreement

Marketing Obligations

• □ Exhibit with precise marketing obligations

• □ Mutual agreement

• □ Responsibility for expenses—shared

Referral Arrangements

• □ Definition of who is a referral

• □ Referral period (anything outside of period is not a referral)

• □ Compensation to referring party

• □ Audit rights

Confidentiality

• □ Protection of all confidential information exchanged

• □ Overrides any NDA entered into in preengagement

Intellectual Property Issues

• □ Any software or products are provided as is

• □ Return of software/products at end of relationship

• □ Narrow license for any materials or information shared

• □ License for use ...