One of the main responsibilities of a video game publisher is not only to fund and release a game but also to market it effectively. Some developers assume that a publisher will always do their best to promote the game, since they also benefit financially. While that is partly true, relying only on this assumption can be risky.
A publisher typically manages a portfolio of games. This means that marketing resources and budgets may be shifted toward whichever title is performing best at a given time. For example, if a publisher has two launches in the same quarter, they may allocate more attention to the one with a better return on investment (even if that leaves your game underpromoted).
By including clear marketing obligations in a publishing agreement, developers can ensure accountability. In some cases, failure to meet marketing commitments can even be grounds to terminate the contract, allowing the developer to seek a new publisher or other solutions.
This article explains the most common types of marketing obligations in publishing agreements.
The efforts obligation
An “efforts obligation” requires the publisher to do their best to market the game. Different levels of effort may be defined, such as “commercially reasonable efforts” or “best efforts.”
This type of clause does not guarantee a particular outcome (such as a minimum number of sales). Instead, it simply obligates the publisher to apply a certain standard of effort when marketing the game.
Example of an effort obligation in a video game publishing agreement
Below is an example of an effort obligation in a video game publishing agreement which we have seen in practice, so that you can recognize a similar clause in your own draft:
“Publisher will use best efforts to maximize the revenue potential of the Game for the mutual benefit of Developer and Publisher”
Minimum marketing spend
A “minimum marketing spend” requires the publisher to allocate at least a specified amount of money toward promoting the game.
While this sounds reassuring, it can be difficult to assess whether the promised budget is actually sufficient. Without a detailed plan of how the money will be spent, a number alone provides little certainty.
It’s also crucial to define what counts toward the marketing spend. Generally, only out-of-pocket expenses (e.g., ad buys, event fees, trailer production) should count. Without this safeguard, some publishers may also include internal salary costs for staff working on the game. This inflates the amount spent without increasing the actual impact on marketing.
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Example of a minimum marketing spend in a video game publishing agreement
Below is an example of a minimum marketing spend in a video game publishing agreement which we have seen in practice, so that you can recognize a similar clause in your own draft:
“Publisher shall spend no less than €50,000 in direct, out-of-pocket marketing expenses for the Game during the first twelve (12) months following its commercial release. Marketing expenditures shall include paid advertising, promotional campaigns, event participation, and third-party service providers, but shall not include Publisher’s employee salaries or overhead costs.”
Marketing Plan
A marketing plan is a more detailed obligation, requiring the publisher to create a written strategy for how the game will be promoted. It usually includes:
- Timeline of key marketing beats (e.g., trailer releases, convention showcases, press outreach).
- Channels to be used (social media, influencer campaigns, streaming events, etc.).
- Budget allocation.
While not every detail can be fixed in advance, having at least a baseline plan ensures that the publisher’s commitments are transparent and measurable.
Example of a marketing plan clause in a publishing agreement
Below is an example of a clause on the marketing plan in a video game publishing agreement which we have seen in practice, so that you can recognize a similar clause in your own draft:
“Within sixty (60) days after execution of this Agreement, Publisher shall prepare and deliver to Developer a written marketing plan for the Game, including anticipated marketing activities, campaign milestones, and budget allocations. Publisher shall consult with Developer in good faith when preparing and executing this plan.”
General points of attention when negotiating marketing obligations
The points of attention regarding marketing vary between games. However, there are two general aspects which need to be taken into account.
Make sure that marketing obligations are specific, but flexible
In general, it is in the interest of a developer to ensure that the marketing obligations of a publisher are as specific as possible. Additionally, you can also stack the several marketing obligations. For example, the publisher needs to use best efforts to market the video game ánd also spend a minimum amount on marketing.
At the same time, it is also important that the obligations of marketing are not too specific. It is also important that a publisher has sufficient room to do what is best for the game (in consultation with the developer).
Include promises made during pitches
Many publishers make promises during the pitching phase: for example, claiming close contacts with platform holders or suggesting that they can secure placement in events like Nintendo Direct, PlayStation State of Play, or Wholesome Direct.
If such promises are important to your decision, they should be explicitly included in the contract. If a publisher hesitates to put them in writing, that is a red flag and a signal to re-evaluate the partnership.
Before you sign: summary and next steps
Marketing obligations are often overlooked, but they can make or break a game’s commercial success. Developers should ensure that publishers commit to specific efforts, a meaningful minimum spend, or a clear marketing plan, while still leaving flexibility to adapt strategies. Just as importantly, verbal promises made during pitches should be included in the agreement to avoid disappointment later.