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Marketing License Agreement for Philippines

Marketing License Agreement Template for Philippines

A comprehensive legal document governed by Philippine law that establishes the terms and conditions under which a licensor grants marketing rights to a licensee. This agreement outlines the scope of permitted marketing activities, usage of intellectual property, territorial restrictions, quality control measures, and financial arrangements. It ensures compliance with Philippine intellectual property laws, consumer protection regulations, and fair trade practices while protecting both parties' interests in the marketing relationship. The document includes specific provisions for approval processes, reporting requirements, and brand guidelines adherence.

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What is a Marketing License Agreement?

The Marketing License Agreement is a crucial legal instrument used in the Philippines when a brand owner (licensor) wishes to authorize another party (licensee) to market their products, services, or intellectual property. This document is essential for businesses expanding their market presence through authorized third parties while maintaining control over their brand representation. The agreement must comply with Philippine legislation, including the Intellectual Property Code (Republic Act No. 8293), Consumer Act, and relevant commercial laws. It typically includes detailed provisions on marketing rights, territorial limitations, quality standards, payment terms, and compliance requirements. The document is particularly important in franchise operations, brand partnerships, and market expansion strategies where controlled brand representation is crucial.

What sections should be included in a Marketing License Agreement?

1. Parties: Identification of the licensor and licensee, including full legal names, registration details, and principal places of business

2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of the marketing license arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement, including Licensed Materials, Territory, and Marketing Rights

4. Grant of License: Scope of the marketing license, including territory, exclusivity/non-exclusivity, and specific rights granted

5. Term and Renewal: Duration of the agreement, commencement date, and conditions for renewal

6. License Fees and Payment Terms: Financial terms including license fees, royalties, payment schedule, and reporting requirements

7. Obligations of the Licensor: Licensor's responsibilities including provision of materials, quality standards, and support

8. Obligations of the Licensee: Licensee's duties including marketing efforts, compliance with guidelines, and reporting requirements

9. Intellectual Property Rights: Protection and ownership of IP, usage guidelines, and restrictions

10. Quality Control: Standards for marketing materials and approval processes

11. Confidentiality: Protection of confidential information and trade secrets

12. Termination: Grounds for termination, notice requirements, and post-termination obligations

13. General Provisions: Standard clauses including governing law, dispute resolution, and notices

What sections are optional to include in a Marketing License Agreement?

1. Sub-licensing Rights: Include when the licensee is permitted to sub-license marketing rights to third parties

2. Digital Marketing Provisions: Include when the license covers online and social media marketing activities

3. Minimum Performance Requirements: Include when specific marketing performance targets are required

4. Competition Restrictions: Include when there are restrictions on marketing competing products/services

5. Data Protection and Privacy: Include when marketing activities involve collection or processing of personal data

6. Local Language Requirements: Include when marketing materials need to be in specific languages

7. Force Majeure: Include when parties want specific provisions for unforeseen circumstances

8. Insurance Requirements: Include when specific insurance coverage is required for marketing activities

What schedules should be included in a Marketing License Agreement?

1. Schedule A - Licensed Materials: Detailed list and description of all marketing materials, trademarks, and content covered by the license

2. Schedule B - Territory: Detailed description of geographic areas where marketing rights are granted

3. Schedule C - Brand Guidelines: Specific requirements for brand usage, logos, and marketing standards

4. Schedule D - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms

5. Schedule E - Approval Process: Step-by-step procedure for obtaining approval for marketing materials

6. Appendix 1 - Reporting Templates: Standard templates for regular marketing activity and performance reports

7. Appendix 2 - Contact Details: List of key contacts and authorized representatives for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions













































Clauses









































Relevant Industries

Retail

Consumer Goods

Media and Entertainment

Fashion and Apparel

Food and Beverage

Technology

Telecommunications

Healthcare

Sports and Recreation

Education

Financial Services

Hospitality

Relevant Teams

Legal

Marketing

Business Development

Brand Management

Intellectual Property

Compliance

Commercial Operations

Finance

Corporate Communications

Digital Marketing

Partnership Management

Relevant Roles

Marketing Director

Brand Manager

Legal Counsel

Licensing Manager

Business Development Manager

Commercial Director

Intellectual Property Manager

Chief Marketing Officer

Franchise Manager

Contract Administrator

Compliance Officer

Marketing Operations Manager

Partnership Manager

Brand Licensing Director

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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