Practical examples of memorandum of understanding between companies
Real-world examples of memorandum of understanding between companies
Lawyers love theory; business people want examples. So let’s start with real examples of memorandum of understanding between companies and why they’re used.
Across industries, companies sign MOUs when they:
- Want to cooperate but are not ready for a detailed, binding contract.
- Need something in writing for investors, regulators, or internal approvals.
- Are testing a relationship (pilot program, trial supply, beta test) before committing.
Below are several best examples of MOUs, each based on common deal structures seen in practice.
Tech partnership example of memorandum of understanding between companies
Picture a mid-size software company and a global cloud provider. They want to explore integrating the software into the cloud marketplace, but pricing, support levels, and territory are still up in the air.
In this example of a memorandum of understanding between companies, the document might:
- Describe the purpose: to explore a strategic partnership for integrating and marketing the software on the provider’s platform.
- Outline non-binding goals: joint technical integration, co-marketing webinars, and a 90-day pilot with select customers.
- Set binding terms on confidentiality, data protection, and intellectual property ownership of pre-existing tools.
- Define a timeline: for example, a 6‑month exploration period, with a target date to negotiate a definitive reseller or licensing agreement.
This kind of MOU is common in the tech ecosystem, where companies often need written collaboration terms to unlock internal resources, but don’t want to lock in long-term commercial commitments yet.
Manufacturing supply and distribution MOU: examples include long-term sourcing
Another classic example of memorandum of understanding between companies appears in manufacturing and distribution.
Imagine a U.S. manufacturer of eco-friendly packaging and a large retail chain. The retailer wants to test the supplier for six months before signing a multi-year supply contract.
In this scenario, examples include MOUs that:
- Confirm the intent to negotiate a definitive supply agreement if the pilot goes well.
- Set pilot quantities, indicative pricing ranges, and target delivery schedules.
- Allocate responsibilities: who handles logistics, quality control testing, and returns.
- Include compliance commitments, such as adherence to U.S. environmental regulations and labor standards.
Some parts may be explicitly binding (confidentiality, compliance with law, product safety), while others are framed as non-binding targets. The Federal Trade Commission and other regulators often look at the actual conduct of the parties, not just the label on the document, so clear wording matters. For general guidance on commercial practices and fair competition, businesses in the U.S. often refer to the Federal Trade Commission’s resources at ftc.gov.
Joint venture and co-development: best examples for innovation partnerships
When companies collaborate on R&D or product development, they often start with an MOU before forming a joint venture entity or signing a full co-development agreement.
Consider a pharmaceutical startup with a promising molecule and a large healthcare company with manufacturing and distribution capacity. Before they commit to a binding license or joint venture, they may sign an MOU to frame the relationship.
In these best examples of memorandum of understanding between companies, you often see:
- A shared objective: conduct joint research to assess safety and efficacy, and explore commercialization.
- Clarity on intellectual property: who owns pre-existing IP, who will own new IP, and whether each party gets a license.
- Cost-sharing terms: how clinical trial or prototype costs will be split, often as a non-binding budget.
- A roadmap: milestones that trigger negotiations of definitive agreements.
While the MOU may say the collaboration is largely non-binding, regulators and courts can still treat certain promises as binding if they are specific and relied upon. For scientific and regulatory context in health-related collaborations, companies frequently look to authorities such as the U.S. National Institutes of Health at nih.gov.
Startup–corporate pilot program: examples of MOUs in 2024–2025
In 2024–2025, you see a surge in corporate–startup pilot programs, especially around AI, sustainability, and workplace wellness. These often run on MOUs, not full contracts.
Take a startup that offers AI-driven energy optimization for office buildings and a large property management company. They want to run a 3‑building pilot.
An example of memorandum of understanding between companies in this context might:
- Define the pilot scope: number of buildings, duration, and metrics (energy savings, downtime, tenant feedback).
- Address data usage: who owns operational data, how it can be anonymized, and security standards.
- Set evaluation criteria: what success looks like and how the parties will decide whether to sign a commercial contract.
- Include risk allocation: limitations of liability for pilot activities, insurance requirements, and any safety protocols.
Because many of these pilots involve sensors and health-adjacent data (air quality, occupancy, wellness programs), companies also look at privacy and health guidance. For example, U.S. businesses may consult resources from the Department of Health and Human Services at hhs.gov when a project touches employee wellness or health information.
Cross-border MOUs: examples of memorandum of understanding between international companies
Globalization has made cross-border MOUs almost routine. A European manufacturer might sign an MOU with a U.S. distributor to explore market entry, or a U.S. tech firm may coordinate with a partner in Asia for localization and support.
In these cross-border examples of memorandum of understanding between companies, you typically see:
- A section on applicable law and dispute resolution (for example, New York law with arbitration in Singapore).
- Export control and sanctions compliance language, especially for technology, dual-use items, or healthcare products.
- Language and interpretation clauses clarifying which version of the MOU controls if there are translations.
Cross-border deals are where a vague MOU can become risky. If the document looks, reads, and behaves like a contract—detailed pricing, firm quantities, penalties—courts in some jurisdictions may treat it as binding even if you call it an “MOU.” That’s why sophisticated parties often include an explicit statement that only certain sections (like confidentiality and governing law) are intended to be legally binding.
Public–private collaboration: examples include healthcare and research partnerships
Some of the most visible examples of MOUs are public–private collaborations. While these often involve at least one government or nonprofit party, they still show how companies structure expectations before signing detailed contracts.
For instance, a hospital system partnering with a technology vendor to pilot a new telehealth platform might sign an MOU to:
- Define roles: the vendor provides the platform; the hospital provides clinicians and patient access.
- Address data privacy commitments, referencing HIPAA and other healthcare privacy standards.
- Set evaluation metrics, such as patient satisfaction, appointment no-show rates, or readmission rates.
Organizations in this space routinely refer to guidance from the Centers for Disease Control and Prevention at cdc.gov and other federal health agencies when designing projects that affect patient care, even at the MOU stage.
Key clauses illustrated by examples of MOUs between companies
If you read through enough real examples of memorandum of understanding between companies, certain clauses show up over and over. The labels vary, but the structure is remarkably consistent.
Purpose and scope
Almost every MOU opens with a short narrative about why the parties are working together. In a clean energy pilot, this might describe the parties’ shared goal of reducing building emissions by a certain percentage over a defined period.
Non-binding vs. binding terms
Sophisticated MOUs clearly separate non-binding intentions ("the parties intend to explore…") from binding obligations (confidentiality, IP ownership, payment for specific services). Many examples include a sentence like: “Except for Sections X (Confidentiality), Y (Governing Law), and Z (Exclusivity), this Memorandum of Understanding is a non-binding expression of the Parties’ current intentions.”
Confidentiality and data protection
Because MOUs often precede deeper collaboration, they frequently incorporate or reference a separate non-disclosure agreement. In data-heavy industries, the MOU might also reference compliance with privacy laws and internal security policies.
Intellectual property and licensing
In tech, pharma, and creative industries, MOUs often sketch out a high-level IP framework. For example, “Each Party retains ownership of its Background IP. Foreground IP developed jointly will be jointly owned, subject to a good-faith negotiation of definitive license terms.” That’s not a full IP agreement, but it sets expectations.
Term, termination, and next steps
Most examples include a fixed term (for instance, 6–12 months) and simple termination rights (often with notice). They also spell out what happens at the end: automatic expiration, negotiation of a definitive contract, or conversion to a different relationship.
How to use these examples of memorandum of understanding between companies
Studying examples of memorandum of understanding between companies is helpful, but copying them blindly is not. Each industry and jurisdiction has its own legal and regulatory wrinkles.
A practical way to use these examples is to:
- Start with a sample that matches your deal type (pilot program, supply, joint development, reseller, or investment-related cooperation).
- Strip out overly specific language from someone else’s deal and replace it with your own facts, dates, and metrics.
- Make an explicit decision about which parts you want to be binding and which you intend as non-binding.
- Have a qualified attorney in your jurisdiction review the draft, especially for cross-border or regulated sectors like healthcare and finance.
If you’re working in a specialized field, pairing legal advice with sector-specific guidance from trusted organizations—such as nih.gov for biomedical research or cdc.gov for public health collaborations—can help align your MOU with current standards and expectations.
FAQ: examples of MOUs between companies
What is an example of a simple MOU between two companies?
A straightforward example is a short document between a marketing agency and a software company stating that they will cooperate on a 90‑day co-marketing campaign, share non-confidential metrics, and then decide whether to enter a formal services agreement. The MOU might bind them on confidentiality and use of logos, but leave most commercial terms for a later contract.
Are MOUs legally binding, or are they just examples of “gentlemen’s agreements”?
An MOU can be binding or non-binding, depending on how it is drafted and how the parties behave. Courts look at the language (“shall” vs. “intend to”), the level of detail, and whether the parties treated the MOU as a final deal. Many examples of memorandum of understanding between companies intentionally make only certain sections binding.
Can I use an example of MOU from another industry for my business?
You can absolutely use other industries’ examples for structure and ideas, but you should adapt the content. A healthcare MOU, for instance, will have heavy privacy and regulatory language that may be unnecessary in a simple reseller relationship, and it may miss the commercial details you need.
Where can I find reliable examples of MOUs, not just random templates?
Public agencies, universities, and nonprofits sometimes publish redacted MOUs and collaboration agreements on their websites, which can be more reliable than anonymous templates. While these often involve at least one public entity, they still give you a grounded example of how real parties structure expectations and allocate risk.
What are warning signs that my MOU is too vague or too close to a full contract?
If your MOU is so vague that no one can tell what happens next, it won’t guide behavior. On the other hand, if it has detailed pricing, firm quantities, service levels, and penalties, it may function as a contract even if you label it an MOU. Many of the best examples strike a balance: clear on purpose, roles, and process, but leaving granular commercial terms for a later definitive agreement.
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