The parties to this agreement undertake to carry out co-marketing efforts as described below: [MarketingActivity.Description] First Party and Second Party market products and/or services separately, often used for complementary or related purposes. The Parties wish to cooperate in the marketing of their products in the mutual interest. During the course of this Agreement, any party may disclose information to other parties that is confidential and that is subject to the property of the party to the disclosure (“Confidential Information”). Confidential information may include, but is not limited to, business plans, marketing plans, financial statements, competitive analysis, market research, product development plans, computer programs, designs and models that are communicated orally, in writing or through electronic media. Confidential information disclosed orally or electronically must be identified as such within five (5) days of publication. Confidential information disclosed in writing must be identified as “confidential”. Each Party agrees that the other Party`s confidential information shall remain confidential and shall be used only for the purposes of this Agreement. Confidential information may only be disclosed by a receiving party within its organization to certain personnel who need such information for the purposes of this Agreement and who have agreed in writing not to disclose it. Upon expiration or termination of this Agreement or, if a Party so requires, a Rewarding Party shall return to a Party that discloses all confidential information of the disclosed Party, including all copies thereof. Each Party`s commitments in this Section shall apply for a period after the expiry or termination of the Agreement. The obligations of this Section shall not apply to confidential information: both Parties agree to refrain, during the term of this Agreement, from similar joint marketing agreements with undertakings directly in competition with one of the Parties.
In such an agreement, marketing partners may conduct joint marketing campaigns or promotions. In exchange for partnership and support, each party is entitled to a percentage of the total turnover of products or services, which can be directly attributed to the efforts of the partners concerned. The waiver or omission of either party to exercise in any way any right under this Agreement shall not be deemed a waiver of any other rights or remedies to which the party is entitled. .