We are often asked by our Clients what marketing efforts they’re obligated to perform as part of signing a new Service and Marketing agreement. Of course, it depends on the type of agreement you have in place but whether it’s a Non-Exclusive Marketing, Exclusive Marketing or Access Agreement, no Service Provider may prohibit another from direct marketing (via mail, phone, email, or other off-site methods). However, there are usually some general obligations of the Owner that are permitted, such as:
- Door-to-door marketing – usually limited to specific hours or only if authorization is provided by the Owner or on-site staffs
- Periodic on-site marketing events – may be limited to quarterly events, and typically require pre-approval by property staff
- Common area marketing displays
- Tech events – where a technician is available to answer resident’s technical questions
- Print Marketing – materials supplied by the Service Provider and passed out to residents either in Move-In Packets, countertop, or door hangers
- Digital marketing – includes online resident portal or website
In new construction, we’re also seeing some Service Providers request stickers to be placed near the media cabinets, or on a designated outlet cover listing the Service Provider’s name. In addition, a Service Provider may need to place materials/fact sheet in the apartment in order to provide instructions or passcodes to access a Wi-Fi system or set up services. This is often the case when there is pre-provisioned Internet/Data service located in the apartment, for example, Cox’s “Quick Connect” or CenturyLink’s “Always On” programs.
Service Providers are also becoming more thoughtful when they have Exclusive marketing agreements in place to “secret shop” properties, to ensure they are the only Service Provider being marketed.
Typically, when we see a default notice or non-payment of revenue share, it’s due to a misunderstanding on-site about what a Service Provider may or may not do as part of their agreement. This situation can be easily avoided by making sure your on-site teams are aware of any new marketing partnership agreements. RealtyCom can assist in these matters by providing you with an easy to understand report with information on marketing rights across your portfolio, to share with your regional teams, and even facilitate communication between your site team and the local representatives. It’s also important that at a corporate level there are no new policies enacted that may prevent or prohibit a Service Provider from visiting the property.
If you receive a notice from your Service Provider, please let us know immediately. Your dedicated Client Account Manager will work with the site team and Service Provider to ensure the contract is understood, and work to prevent any loss in revenue share to the property.