Co-Branding Agreements

Issues Checklist

I.                General Purpose of Co-Branding Agreements

a.    In a co-branding agreement, one party who generally has a developed web concept, creates a co-branded page, accessible through the web page of the other party.

b.    The Co-branded page(s) generally include the business concept and certain of the content of the first party.

c.    The parties generally agree to the financial relationship relative to revenues from the co-branded page.

d.    Agreement allocates responsibilities for development and ongoing financial responsibility.

II.            Preliminary Matters – Matters generally contained in the opening paragraph and in the Preamble to the Agreement.

a.    Be certain to accurately describe the parties.  Are the parties corporation’s, individuals, partnerships, other entities?  It is important that the parties with the rights to the relative products and pages be the actual parties to the agreements.  Who owns the copyrights?  Make sure all parties with rights that are affected are made parties to the Agreement.

b.    Describe the purpose for entering the agreements.

c.    Describe the general business of the page to be co-branded.  What is the scope of that page?  What scope of rights are being subject to the co-branded page?  Describe all aspects of what is being co-branded.

d.    Describe the URL locations of the various pages.

e.    Generally described the fact of the development responsibility over the co-branded pages.

III.        Responsibilities Concerning Development of Co-Branded Pages

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