Press Releases
Commercial Contract
Table of Contents:
General Process
Website and Marketing Materials
Press Releases
As evidenced by the following exemplars, parties usually desire to coordinate and mutually approve the drafting and publication of any statements, announcements, or press releases pertaining to the parties’ relationship:
General Process
Exemplar C56-1
Neither party will issue any press releases, make any public statements of any kind related to the subject matter of this Agreement or otherwise use the other party’s name without the other party’s prior express written approval. Each party agrees to provide quotes for press releases and to make its senior executives available to participate in press briefings, media events, public events and analyst briefings, as other party may reasonably request from time to time.
Exemplar C56-2
Each party shall (a) submit to the other all advertising, written sales promotions, press releases, and other publicity matters relating to this Agreement in which the other party's name or mark is mentioned or which contains language from which a relationship with the other party may be inferred or implied and, (b) not publish or use advertising, sales promotions, press releases or publicity matters without the other party's written consent, which consent shall not be unreasonably withheld.
Exemplar C56-3
Contractor, on the one hand, and Customer, on the other hand, will consult with each other before issuing any press release or otherwise making any public statements with respect to the transactions contemplated by this Agreement, and shall not issue any such press release or make any public statement without the express written consent of the other party.
Exemplar C56-4
Any press release published by either party which references the other party or the other party’s products or services must be preapproved in writing by the other party, which approval shall not be unreasonably withheld or delayed.
Exemplar C56-5
Upon signature of this Agreement, with review and written approval by LICENSOR, which should not be unreasonable withheld, COMPANY may issue a press release to publicly announce the fact of signing this Agreement, provided that information presented by COMPANY in such release will comply with section X (Confidentiality) in respect to LICENSOR product detailed technical information.
In the following exemplar, the parties make an exception to the prohibition against using a party’s name for purposes of compliance with applicable law:
Exemplar C56-6
Neither Party will use the other Party’s name, or the name of any of its Affiliates (and as to Supplier, any of Company’s Marks), or refer to the other Party or any of its Affiliates directly or indirectly, in any media release, public announcement or public disclosure relating to this Agreement or its subject matter, including in any promotional or marketing materials, customer lists, referral lists or business presentations, without the prior written consent from the other Party for each such use or release. Notwithstanding the foregoing, nothing contained in this Section will prohibit either Party from referring to the other Party or filing a copy or summary of this Agreement, as it deems necessary, in its reasonable discretion, in order to satisfy its regulatory disclosure obligations. The Parties agree to work together to provide a mutually agreeable redacted form thereof in order to protect against disclosure of Confidential Information. For clarification, nothing in this Agreement will preclude Company from marketing the Products as branded with Company Marks.
Website and Marketing Materials
In contrast to press releases, parties may generally look more favorably regarding use of their names and logos on marketing materials and website customer lists, as indicated in the following exemplars:
Exemplar C56-7
Customer grants Seller permission to use Customer’s name and logo in Seller’s client lists and website. Customer may withdraw such permission upon written notice to Seller for any reason.
Exemplar C56-8
Consultant may include Client in a factual client list in marketing materials or on its website so long as Consultant will make any changes to the use of Client’s name requested by Client in writing reasonably required to protect Client’s trademark rights.
Exemplar C56-9
LICENSEE will provide an official reference by LICENSEE’s officials containing at least three (3) sentences which LICENSEE will allow COMPANY to use in whatever customer opportunities, including placing this reference on publicly available COMPANY web site. LICENSEE will give this reference to COMPANY after Licensed Software acceptance by LICENSEE. LICENSEE will reference its use of COMPANY technology and will include a quote of a COMPANY executive in a LICENSEE press releases issued upon the releases of LICENSEE’s products that contain Licensed Software.