The Brand Ambassador Contract is essential for companies seeking to establish a formal endorsement relationship with public figures or celebrities in India. This document is particularly crucial given India's robust regulatory framework for celebrity endorsements, including the Consumer Protection Act 2019 and ASCI guidelines. It should be used when engaging any individual who will publicly represent and promote the brand through various channels including traditional media, digital platforms, and public appearances. The contract covers critical aspects such as scope of services, compensation, exclusivity, moral clauses, and intellectual property rights, while ensuring compliance with Indian advertising and consumer protection laws. It's designed to protect both parties' interests while establishing clear guidelines for the ambassador's promotional activities and brand representation.
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1. Parties: Identification of the company/brand owner and the brand ambassador with their full legal details
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Term: Formal appointment of the brand ambassador and duration of the agreement
5. Scope of Services: Detailed description of ambassador duties, appearances, social media posts, and other promotional activities
6. Rights and Licenses: Rights granted to use ambassador's name, image, and likeness, and any licenses granted by the brand
7. Compensation: Payment terms, including base fees, performance bonuses, and payment schedule
8. Exclusivity: Restrictions on ambassador's involvement with competing brands or products
9. Approval Rights: Process for approving promotional materials and social media content
10. Representations and Warranties: Standard warranties and specific representations regarding ambassador's reputation and authority
11. Compliance Requirements: Obligations to comply with laws, regulations, and brand guidelines
12. Termination: Conditions for early termination and consequences thereof
13. Confidentiality: Protection of confidential information and trade secrets
14. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution
1. Morality Clause: Additional provisions regarding ambassador's conduct and moral standards, particularly relevant for family-friendly brands
2. Social Media Guidelines: Detailed rules for social media engagement, recommended for digitally-focused campaigns
3. International Travel: Provisions for international appearances and events, needed if global promotion is required
4. Force Majeure: Provisions for unforeseen circumstances preventing performance, particularly relevant post-COVID
5. Insurance Requirements: Specific insurance coverage requirements, important for high-value contracts or risky activities
6. Merchandising Rights: Additional provisions for ambassador-branded merchandise, if applicable
7. Intellectual Property Creation: Provisions for new IP created during the engagement, relevant for creative collaborations
8. Dispute Resolution: Alternative dispute resolution mechanisms like mediation or arbitration
1. Schedule A - Services and Deliverables: Detailed list of required appearances, posts, and promotional activities
2. Schedule B - Compensation Structure: Detailed breakdown of fees, bonuses, and payment milestones
3. Schedule C - Brand Guidelines: Company's branding requirements and usage guidelines
4. Schedule D - Approved Products/Services: List of specific products or services the ambassador will promote
5. Schedule E - Social Media Requirements: Specific requirements for social media posts including frequency and format
6. Schedule F - Approval Process: Detailed workflow for content approval and turnaround times
7. Appendix 1 - Competitor List: List of competing brands/products the ambassador cannot engage with
8. Appendix 2 - Image Rights: Specific details about usage of ambassador's images and content
Relevant legal definitions
Clauses
Relevant Industries
Consumer Goods
Fashion and Apparel
Beauty and Cosmetics
Food and Beverage
Technology
Sports Equipment
Luxury Goods
Automotive
Healthcare and Wellness
Entertainment
Financial Services
Telecommunications
Travel and Hospitality
E-commerce
Relevant Teams
Legal
Marketing
Public Relations
Brand Management
Digital Marketing
Social Media
Compliance
Commercial
Corporate Communications
Celebrity Relations
Sponsorship
Relevant Roles
Chief Marketing Officer
Brand Manager
Legal Counsel
Marketing Director
Public Relations Manager
Celebrity Relations Manager
Digital Marketing Manager
Social Media Manager
Compliance Officer
Contract Manager
Commercial Director
Brand Communications Manager
Sponsorship Manager
Talent Acquisition Manager
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