Web partnership contracts involving content-based promotion

Submitted by
Alasdair Taylor
on
22nd January 2013

Partnerships are an important part of many website marketing strategies, particularly content-based partnerships. Through such partnerships, a website operator can access the anonymous traffic, registered users and marketing lists of others. Just as important, an operator can gain access to original and relevant content for his or her own audience.

In many cases, partnerships are entered into without a formal web partnership agreement. But an agreement can be useful, particularly where;

  • a lot is expected of one or both partners;
  • the partners do not know each other well;
  • money will change hands; or
  • the agreement is for a long period or potentially long period.

Whether or not you decide to use a written contract, there are certain issues you will need to think about.

Quality – What guarantees do you have that content produced by the other person will be of an adequate quality for publication on your website?

Timetable – When must content be produced, delivered and/or published? What happens if one partner is late in performing these obligations?

Confidentiality – Will you be disclosing any secrets to your partner? Will they be disclosing any to you? How will that information be protected from further disclosure?

Licensing – On what basis will one partner be permitted to publish the other’s content? Are licences perpetual? Are they terminable? Is content licensed on an exclusive basis?

Warranties and indemnities – Who suffers in the event that content provided by one party infringes some third party’s rights?

These any many other issues are dealt with in our new Website Partner Agreement, available here:

https://www.website-contracts.co.uk/acatalog/website_partnership_agreeme…

If you have any questions about content-based web partnerships, then please do ask below and I will try to answer promptly.

Comments

I entered into a simple written agreement (through messenger on Facebook) with another person to help make a YouTube channel, I supplied content as well as the other party in return I get a % of add revinue, the other party gets more and is to take care of any taxes. This has worked out just fine for a few years, Now the channel is doing well with a lot of subscribers and ad revenue. I am having a problem recieving payment(s) from the other party. In YT it is in the other parties name only. Do I have any legal recourse to get my money as well as where would I file court papers?

A lawyer would want to take proper instructions (including reviewing the agreement and any other relevant communications between you and your partner) before advising here.  If you can narrow down the question, however, you may be able to get some guidance online.

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