A Brand Licensing Agreement is essential when a brand owner wishes to permit another party to use their intellectual property in New Zealand while maintaining control over their brand's reputation and value. This document is particularly important in the New Zealand market where brand protection is governed by specific legislation including the Trade Marks Act 2002 and Fair Trading Act 1986. The agreement typically includes detailed provisions for quality control, territory restrictions, royalty payments, and compliance requirements. It's commonly used for product manufacturing, retail distribution, or service delivery arrangements where the licensee benefits from the brand's reputation while the licensor expands their market presence. The agreement must comply with New Zealand commercial law while protecting the interests of both parties and maintaining brand integrity.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, overview of the brand, and parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Marks', 'Territory', 'Licensed Products', etc.
4. Grant of License: Scope of the license, including territory, exclusivity, and permitted uses
5. Term and Renewal: Duration of the agreement and conditions for renewal
6. Payment Terms: License fees, royalties, payment schedule, and reporting requirements
7. Quality Control: Standards for use of the brand, approval processes, and quality maintenance requirements
8. Protection of Intellectual Property: Obligations regarding trademark protection, infringement, and maintenance
9. Obligations of the Parties: Specific duties of both licensor and licensee
10. Representations and Warranties: Standard warranties about ownership, right to license, and compliance
11. Termination: Grounds for termination, termination process, and post-termination obligations
12. General Provisions: Standard boilerplate clauses including notices, assignment, governing law, etc.
1. Sublicensing Rights: Include when licensee is permitted to sublicense the brand to third parties
2. Minimum Performance Requirements: Include when there are specific sales targets or minimum royalty requirements
3. Marketing and Promotion: Include when specific marketing requirements or restrictions apply
4. Supply Chain Requirements: Include when there are specific manufacturing or sourcing requirements
5. Digital Rights: Include when the license covers digital or online use of the brand
6. Corporate Social Responsibility: Include when specific ethical or sustainability requirements apply
7. Data Protection and Privacy: Include when personal data processing is involved in the licensed activities
1. Schedule 1 - Licensed Marks: Detailed list and images of all trademarks, logos, and brand elements covered by the license
2. Schedule 2 - Licensed Products: Comprehensive list and specifications of approved products
3. Schedule 3 - Brand Guidelines: Detailed guidelines for brand usage, including color specifications, positioning, etc.
4. Schedule 4 - Quality Standards: Specific quality control requirements and testing procedures
5. Schedule 5 - Royalty Calculations: Detailed methodology for calculating royalties and examples
6. Schedule 6 - Approval Procedures: Step-by-step procedures for obtaining approvals for new products or marketing materials
7. Schedule 7 - Territory Definition: Detailed description of geographic territories and any exclusions
8. Schedule 8 - Reporting Templates: Standard forms for sales reports and royalty calculations
Relevant legal definitions
Clauses
Relevant Industries
Retail
Consumer Goods
Fashion and Apparel
Food and Beverage
Entertainment
Sports and Recreation
Technology
Hospitality
Education
Media and Publishing
Manufacturing
Pharmaceutical
Automotive
Relevant Teams
Legal
Brand Management
Commercial
Intellectual Property
Marketing
Business Development
Operations
Quality Assurance
Compliance
Product Development
Finance
Relevant Roles
Brand Manager
Licensing Director
Commercial Manager
Legal Counsel
Intellectual Property Manager
Business Development Manager
Operations Director
Quality Assurance Manager
Marketing Director
Chief Executive Officer
Commercial Director
Compliance Officer
Contract Manager
Product Development Manager
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