A Brand Management Agreement is essential when a company wishes to delegate the management and development of its brand to a professional brand management firm. This document, governed by New Zealand law, establishes the legal framework for this delegation, defining the scope of authority, responsibilities, and limitations of the brand manager's role. It addresses crucial aspects such as trademark usage, marketing guidelines, quality control measures, and performance expectations, while ensuring compliance with New Zealand's Trade Marks Act 2002, Fair Trading Act 1986, and other relevant legislation. The agreement is particularly important for companies looking to expand their brand presence while maintaining consistent brand standards and legal protection across various markets.
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1. Parties: Identification of the brand owner and the brand management company
2. Background: Context of the agreement, including brief description of the brand and purpose of the arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of appointment and detailed scope of brand management services
5. Term and Renewal: Duration of the agreement and renewal provisions
6. Brand Manager's Rights and Obligations: Detailed responsibilities and authority of the brand manager
7. Brand Owner's Rights and Obligations: Responsibilities and commitments of the brand owner
8. Intellectual Property Rights: Protection and usage rights of brand assets and intellectual property
9. Quality Control and Approval Process: Standards, approval procedures, and quality control mechanisms
10. Performance Metrics and Reporting: KPIs, reporting requirements, and performance evaluation criteria
11. Fees and Payment Terms: Compensation structure, payment schedule, and financial arrangements
12. Confidentiality: Protection of confidential information and trade secrets
13. Termination: Grounds for termination and post-termination obligations
14. General Provisions: Standard legal provisions including governing law, notices, and dispute resolution
1. International Operations: Required when brand management extends to multiple jurisdictions
2. Digital Brand Management: Specific provisions for social media, online presence, and digital marketing
3. Crisis Management: Procedures for handling brand-related crises and reputation management
4. Sub-contracting: Terms for engaging third-party service providers
5. Data Protection: Detailed privacy and data protection provisions when significant customer data is involved
6. Sustainability Requirements: Environmental and social responsibility requirements for brand management
7. Competition Restrictions: Non-compete and exclusivity provisions where required
1. Schedule 1: Brand Guidelines: Detailed brand guidelines, usage rules, and visual identity specifications
2. Schedule 2: Approved Products and Services: List of products and services covered under the brand management agreement
3. Schedule 3: Fee Structure: Detailed breakdown of fees, commissions, and payment calculations
4. Schedule 4: Performance Metrics: Specific KPIs, targets, and measurement methodologies
5. Schedule 5: Approved Sub-contractors: List of pre-approved third-party service providers
6. Schedule 6: Territory Definition: Detailed description of geographical areas covered by the agreement
7. Schedule 7: Brand Assets: Comprehensive list of trademarks, copyrights, and other brand assets
8. Schedule 8: Reporting Ƶ: Standard formats for various required reports and updates
Relevant legal definitions
Clauses
Relevant Industries
Retail
Consumer Goods
Fashion and Apparel
Food and Beverage
Technology
Entertainment
Hospitality
Professional Services
Luxury Goods
Sports and Recreation
Media and Publishing
Healthcare
Relevant Teams
Legal
Marketing
Brand Management
Commercial
Intellectual Property
Executive Leadership
Operations
Compliance
Business Development
Relevant Roles
Chief Marketing Officer
Brand Manager
Marketing Director
Legal Counsel
Commercial Director
Brand Protection Manager
Intellectual Property Manager
Chief Executive Officer
Operations Director
Compliance Manager
Marketing Manager
Brand Development Manager
Contract Manager
Business Development Director
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