2018 - Cause-Related Marketing and Commercial Co-Venture Best Practices

OVERVIEW
In this webinar, participants will be able to differentiate between programs that are commercial co-ventures and those cause-related campaigns that are not. Participants will also learn the regulatory issues concerning professional fundraisers and fundraising counsel and how to avoid being classified in these categories when conducting a commercial co-venture campaign.
Participants will learn the regulatory requirements for commercial co-venture's and non-profits, including registration, bonding, contractual and advertising obligations.
WHY SHOULD YOU ATTEND
Brands, marketing agencies and their general counsel; charities and their general counsel; and legal practitioners involving in marketing and in particular cause-marketing should attend. In addition, this webinar will be helpful for paralegals working in the cause-related marketing area, since many of the registration and bonding requirements are typically performed by paralegals.
There are many pitfalls that must be avoided to run a successful commercial co-venture campaign and unfortunately, many brands and attorneys are unfamiliar with the applicable regulations. With over 20 states imposing sometimes different or even conflicting regulations on commercial co-ventures, running a nationwide charitable sales campaign requires sound knowledge of these laws.
Regulators place great concern over advertising with a charitable component and practicing in this field without a clear understanding of the applicable laws could be detriment to the brand and the charity. Knowing a company’s and a charity’s obligations is critical.
AREAS COVERED
This session will discuss the different forms of cause-related marketing, and concentrate on the heavily-regulated area of commercial co-ventures.
We will discuss the different types of commercial co-venture campaigns and distinguish between cause-related marketing that is and is not considered a commercial co-venture.
We will examine the differences between commercial co-venturers and other related, but more stringently regulated cause marketers such as professional fundraisers and fundraising counsel.
There are four important legal requirements for commercial co-venturers: contract, advertising, recordkeeping, and registration/bonding. We will review the specific statutory contractual requirements and advertising disclosures, as well as the recordkeeping obligations. We will also review the specific registration requirements in the six registration states and go over the significant differences in these states, and in particular how the statutory language in some state statutes could imply a broader definition of what is a commercial co-venturer.
We will go over the best practices for running a successful commercial co-venture campaign, including teaming with a proper charity, making effective advertising disclosures, timing, and handling problems that may arise during the campaign.
We will examine the independent statutory duties imposed upon the charity, including its own registration and filing requirements in a number of states and its ability to promote the campaign. Because of their unique status as a non-commercial entity, charities are restricted, and may incur Nonrelated Business Income Tax, when promoting a brand’s sales campaign. We will provide best practices for a charity to properly support a campaign without actively engaging in advertising for the campaign.
We will also look at examples of successful and problematic campaigns and discuss the pitfalls encountered. We will address frequently asked questions on particular topics such as maximum or minimum donations, multiple brands or charities participating in one campaign, and campaigns that require consumer action without a purchase.
LEARNING OBJECTIVES
In this webinar, participants will be able to differentiate between programs that are commercial co-ventures and those cause-related campaigns that are not. Participants will also learn the regulatory issues concerning professional fundraisers and fundraising counsel and how to avoid being classified in these categories when conducting a commercial co-venture campaign.
Participants will learn the regulatory requirements for commercial co-venture's and non-profits, including registration, bonding, contractual and advertising obligations.
WHO WILL BENEFIT
Brands, marketing agencies and their general counsel; charities and their general counsel; and lawyers and paralegals involved in marketing and in particular cause-marketing.
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