Direct Marketing Agreement

WHEN TO USE: This Direct Marketing Agreement is for a software company who contracts with a marketing company to bring its software products to market. Within this contract there is no specification by the marketing company as to its level of commitment in its efforts or results. The Direct Marketing Agreement assumes that the marketing company is able to set the prices it desires, but the rights to the software and the content of the product are retained by the software company. There is a sharing of the service and support that is arranged prior to going to market. This Direct Marketing Agreement works well for "shrink-wrap" products. This agreement has clauses for shrink-wrap situations or a version where the marketing company is provided with copyable products where it can make CDs or similar to take to market. Also, there is a clause for Publications such as books, audio, etc. The marketing company is responsible for licensing the product per the software company's end-user agreement. The software company's compensation is either a per copy charge or a percentage of the list price per copy. This Direct Marketing Agreement assumes the marketing company is also provided with a "most favored customer" clause guaranteeing the most favorable terms.

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