The Brand Management Agreement serves as the foundational document for outsourcing brand management responsibilities to professional service providers. This agreement, governed by English and Welsh law, is essential when companies seek to maintain consistent brand presence and growth through external expertise. It defines the scope of brand management services, establishes clear guidelines for brand usage, outlines approval processes, and sets performance expectations. The document incorporates relevant UK intellectual property laws, marketing regulations, and data protection requirements, making it suitable for both domestic and international brand management relationships.
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1. Parties: Identification and details of the brand owner and brand manager
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Key terms used throughout the agreement including defined terms related to brand assets, territories, and services
4. Appointment and Scope: Terms of appointment and detailed scope of brand management services
5. Term and Termination: Duration of agreement and circumstances for termination
6. Brand Manager's Obligations: Detailed responsibilities and duties of the brand manager
7. Brand Owner's Obligations: Responsibilities and duties of the brand owner
8. Fees and Payment: Compensation structure and payment terms
9. Intellectual Property Rights: Ownership and usage rights of brand assets
10. Confidentiality: Protection of confidential information
1. Performance Metrics: Specific KPIs and performance standards for measuring brand management success
2. International Operations: Provisions for cross-border brand management activities and compliance
3. Sub-contracting: Terms and conditions for engaging third-party service providers
4. Insurance: Required insurance coverage and liability provisions
5. Data Protection: Compliance requirements with UK GDPR and Data Protection Act 2018
1. Schedule 1: Brand Guidelines: Detailed brand usage and style guidelines
2. Schedule 2: Service Level Agreement: Specific service standards and response times
3. Schedule 3: Fee Schedule: Detailed breakdown of fees and payment structures
4. Schedule 4: Approved Sub-contractors: List of pre-approved third-party service providers
5. Schedule 5: Brand Assets: Inventory of brand assets covered by the agreement
6. Schedule 6: Territories: List of geographic areas covered by the agreement
Relevant legal definitions
Clauses
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