Disclaimer: The below is intended to be a general overview. We are not lawyers, and the below is not meant to represent legal advice. DojoMojo and Innovation Brands Corp. cannot be held liable for any disputes that arise as a result of any Partnership Agreement. Always check with your own legal counsel before drafting or executing any legally-binding document.
What's a Partnership Agreement?
Like any marketing partnership, it's always a good idea to have a document that clarifies what all parties are responsible and committing to do. While not absolutely necessary, using a written agreement manages expectations, creates clarity around responsibility, and avoids future miscommunication and confusion.
In a giveaway, a Partnership Agreement (or Collaboration Agreement) is created by the Host for each Partner. These are generally prepared by the hosting brand and executed by all partners in advance of launching a campaign, and will document anything agreed to as part of initial conversations you'll be having when joining a campaign.
Each agreement will usually specify:
- The legal entity names of the Host brand and Partner brand
- When each party will promote the campaign
- What channels (Facebook, Twitter, email etc) each party will use to promote the campaign
- That DojoMojo is being used to host the campaign
- Any additional requirements the Host may have, such as guaranteeing a minimum number of entries, providing email performance details, or offering to share any Social Actions or a Custom CTA.
Preparing a Partnership Agreement
You can find a Sample Partnership Agreement Template here.
We want to be clear that we are not lawyers and we always recommend that you consult your counsel before signing any legally binding document. This is a template that a variation of has been used many times over but since every partnership is different there will always be nuances that must be taken into account.
Some of the basic info you'll need to personalize includes:
- [Your Business Entity Name]: This may differ from the business name you do business as.
- [State of Registration]: This is where your business is registered.
- [Corporation/LLC/LLP]: This is the structure of your business, for example, if you are incorporated (Inc.), a limited liability corporation (LLC) or a limited liability partnership (LLP), etc.
- [Your Business Name]: This is the name most people know you as.
- [web address of your terms and conditions]: This is the URL at which someone can find your terms and conditions.
Once you have filled in those key data points it is up to you as the host to outline what the responsibilities are that you and a potential Partner have agreed to. Generally these should have already been agreed to in discussions between you and the potential Partner and this document serves to simply formally acknowledge that those will be the rules unto which you will both operate in your upcoming giveaway.
In our sample, everything else is shown [brackets] as you will change them contingent on your previous discussions with the Partner. We have added a number of common responsibilities which may or may not apply in some way to your campaign, however you should spend time ensuring that both you and the Partner fully understand everything you ultimately outline here prior to signing.