The Marketing License Agreement serves as a crucial legal framework for businesses seeking to authorize the use of their marketing assets, brand elements, or promotional materials by third parties. This document is essential when a brand owner wishes to maintain control over their marketing assets while allowing other entities to utilize them for specific purposes. The agreement, governed by Swiss law, incorporates key provisions from the Swiss Code of Obligations and relevant intellectual property legislation, making it particularly suitable for international business arrangements requiring the stability and neutrality of Swiss jurisdiction. It addresses critical aspects such as scope of use, quality standards, territorial restrictions, fee structures, and compliance requirements, while providing flexibility to accommodate various marketing channels and technologies.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of parties' business activities
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope of marketing license, including territory, exclusivity, and permitted uses
5. Licensed Materials: Description and specification of marketing materials covered by the license
6. Usage Rights and Restrictions: Detailed terms of use, restrictions, and prohibited activities
7. Quality Control: Standards for using licensed materials and approval processes
8. Fees and Payment Terms: License fees, payment schedule, and reporting requirements
9. Intellectual Property Rights: Ownership of IP and protection of licensed materials
10. Confidentiality: Protection of confidential information exchanged between parties
11. Compliance with Laws: Obligations to comply with relevant marketing and advertising laws
12. Term and Termination: Duration of agreement and termination provisions
13. Warranties and Indemnities: Representations, warranties, and indemnification obligations
14. General Provisions: Standard boilerplate clauses including governing law and jurisdiction
1. Sub-licensing Rights: Include when licensee is permitted to sub-license marketing rights to third parties
2. Digital Marketing Provisions: Specific terms for digital marketing and social media usage
3. Data Protection: Detailed data protection provisions when personal data processing is involved
4. Marketing Performance Metrics: Include when agreement includes performance-based components
5. Territory-Specific Requirements: Additional provisions for specific geographical markets
6. Co-Branding Rights: Include when agreement involves co-branding arrangements
7. Agency Appointments: Include when licensee can appoint marketing agencies
8. Minimum Marketing Spend: Include when agreement requires minimum marketing investment
1. Schedule 1 - Licensed Materials: Detailed list and specifications of all licensed marketing materials
2. Schedule 2 - Brand Guidelines: Technical specifications and usage guidelines for licensed materials
3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees and payment terms
4. Schedule 4 - Approved Marketing Channels: List of approved platforms and channels for marketing activities
5. Schedule 5 - Approval Process: Detailed procedures for obtaining approval for marketing materials
6. Schedule 6 - Territory Restrictions: Specific geographical restrictions and requirements
7. Appendix A - Sample Materials: Examples of approved marketing materials and executions
8. Appendix B - Reporting Ƶ: Standard templates for required marketing and performance reports
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