Brand Promotion Agreement Template for England and Wales

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Key Requirements PROMPT example:

Brand Promotion Agreement

"I need a Brand Promotion Agreement for my tech startup to engage a social media influencer for promoting our new app across Instagram and TikTok, with specific performance metrics and content approval requirements, starting from March 2025."

Document background
The Brand Promotion Agreement is essential for businesses seeking to establish formal promotional relationships in England and Wales. It outlines the rights, responsibilities, and commercial terms between brand owners and those promoting their products or services. This document is particularly important in today's digital marketing landscape, where brand promotion occurs across multiple channels and platforms. The agreement ensures compliance with UK advertising regulations, data protection laws, and intellectual property rights while protecting both parties' interests through clear terms regarding content approval, usage rights, and performance expectations.
Suggested Sections

1. Parties: Identifies the contracting parties with full legal names and addresses

2. Background: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the promotional activities to be undertaken

5. Term and Termination: Duration of the agreement and termination provisions

6. Compensation: Payment terms, fees, and any performance-based compensation

7. Intellectual Property Rights: Ownership and usage rights of brand materials and promotional content

8. Approvals Process: Procedures for content approval and brand guidelines compliance

9. Confidentiality: Protection of confidential information

10. Governing Law: Specification of applicable law and jurisdiction

Optional Sections

1. Exclusivity: Restrictions on promoting competing brands - use when exclusive promotion rights are required

2. Performance Metrics: Specific KPIs and measurement criteria - use when performance-based compensation is included

3. Social Media Guidelines: Specific requirements for social media promotion - use when social media promotion is involved

4. Crisis Management: Procedures for handling PR issues or controversies - use for high-profile promotions or sensitive brands

5. Data Protection: Specific data handling requirements - use when personal data processing is involved

Suggested Schedules

1. Brand Guidelines: Detailed brand usage requirements and specifications

2. Compensation Schedule: Detailed breakdown of fees, payment terms, and performance bonuses

3. Approved Promotional Materials: List or examples of pre-approved promotional content

4. Performance Metrics Schedule: Detailed KPIs and measurement methodologies

5. Territory Schedule: Geographic areas covered by the promotion agreement

6. Required Disclosures: Standard disclaimers and regulatory disclosures

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Consumer Protection from Unfair Trading Regulations 2008: Key UK legislation protecting consumers from unfair commercial practices, misleading actions or omissions, and aggressive marketing practices in brand promotions

Business Protection from Misleading Marketing Regulations 2008: Regulations protecting businesses from misleading marketing and establishing conditions for comparative advertising

CAP Code: The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing - self-regulatory rules for non-broadcast advertisements, sales promotions and direct marketing communications

BCAP Code: The UK Code of Broadcast Advertising - rules governing broadcast advertisements on television and radio

UK GDPR: Post-Brexit data protection regulation governing how personal data must be handled and processed in promotional activities

Data Protection Act 2018: UK's implementation of data protection standards, working alongside UK GDPR to regulate personal data processing

PECR: Privacy and Electronic Communications Regulations governing electronic marketing communications and use of cookies

Copyright, Designs and Patents Act 1988: Primary legislation protecting intellectual property rights in creative works used in brand promotions

Trade Marks Act 1994: Legislation governing the registration and protection of trademarks used in brand promotions

Passing Off: Common law doctrine protecting goodwill of businesses from misrepresentation and unauthorized brand association

Contracts (Rights of Third Parties) Act 1999: Legislation governing when third parties may enforce terms of a contract

Unfair Contract Terms Act 1977: Controls the use of exclusion and limitation clauses in contracts

Consumer Rights Act 2015: Legislation protecting consumer rights in contracts, relevant for consumer-facing promotional activities

Competition Act 1998: Prohibits anti-competitive agreements and abuse of dominant market position in promotional activities

Enterprise Act 2002: Provides framework for market investigations and merger control that might affect brand promotion arrangements

Gambling Act 2005: Regulates promotional competitions and prize draws that might constitute gambling activities

ASA Guidelines: Advertising Standards Authority guidelines providing detailed rules for advertising and promotional practices

Electronic Commerce (EC Directive) Regulations 2002: Governs electronic commerce aspects of brand promotion, including online marketing and contracting

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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