Brand Promotion Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Brand Promotion Agreement

"I need a Brand Promotion Agreement for my luxury fashion brand engaging a social media marketing agency in Hong Kong for a 12-month campaign starting January 2025, with particular focus on influencer marketing and content creation across multiple platforms."

Document background
The Brand Promotion Agreement is essential for businesses operating in Hong Kong who wish to engage external parties for brand promotion activities. This document is particularly relevant in today's digital age where brand promotion spans multiple channels and requires careful regulation. The agreement ensures compliance with Hong Kong's legal framework, including the Trade Descriptions Ordinance, Copyright Ordinance, and Personal Data (Privacy) Ordinance. It typically includes detailed provisions for promotional activities, brand usage rights, approval processes, performance metrics, and payment terms. The Brand Promotion Agreement is crucial for protecting intellectual property rights while enabling effective marketing collaborations, and should be tailored to specific promotional strategies while maintaining compliance with Hong Kong's advertising and consumer protection regulations.
Suggested Sections

1. Parties: Identification of the brand owner and the promoter/agency

2. Background: Context of the agreement and brief description of the parties' business

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope: Terms of appointment and detailed scope of promotional services

5. Brand Guidelines and Standards: Requirements for brand usage and quality standards

6. Obligations of the Promoter: Detailed responsibilities and commitments of the promoting party

7. Obligations of the Brand Owner: Support, materials, and commitments provided by the brand owner

8. Intellectual Property Rights: Protection and usage rights of brands, trademarks, and promotional materials

9. Approval Process: Procedures for obtaining approval for promotional materials and campaigns

10. Payment Terms: Fee structure, payment schedule, and related financial terms

11. Term and Termination: Duration of agreement and circumstances for termination

12. Confidentiality: Protection of confidential information and trade secrets

13. Warranties and Indemnities: Guarantees provided by each party and protection against claims

14. General Provisions: Standard legal clauses including notices, amendments, and governing law

Optional Sections

1. Performance Metrics: Specific KPIs and performance measurement criteria, used when the agreement includes performance-based compensation

2. Digital Marketing Provisions: Specific terms for online promotion and social media, included when digital marketing is part of the scope

3. Territory Restrictions: Geographical limitations on promotional activities, used for region-specific agreements

4. Exclusivity: Terms preventing the promoter from working with competing brands, included when exclusive rights are granted

5. Celebrity/Influencer Rights: Special provisions for agreements involving celebrity endorsements or influencer marketing

6. Data Protection: Specific provisions for handling customer data, required when promotional activities involve data collection

7. Event-Specific Terms: Additional terms for specific promotional events or campaigns, used when the agreement covers particular events

8. Sub-contractor Rights: Terms governing the use of sub-contractors, included when sub-contracting is permitted

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of promotional services to be provided

2. Schedule 2 - Fee Structure: Detailed breakdown of fees, commissions, and payment terms

3. Schedule 3 - Brand Guidelines: Comprehensive brand usage guidelines and requirements

4. Schedule 4 - Approval Matrix: Detailed workflow for approvals of promotional materials

5. Schedule 5 - Key Personnel: List of key team members and their roles

6. Appendix A - Sample Approval Forms: Templates for submission and approval of promotional materials

7. Appendix B - Performance Metrics Template: Format for reporting and measuring promotional performance

8. Appendix C - Campaign Calendar: Timeline and schedule of planned promotional activities

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

Retail

Consumer Goods

Fashion and Luxury

Food and Beverage

Technology

Entertainment

Telecommunications

Financial Services

Automotive

Healthcare

Beauty and Cosmetics

Sports and Recreation

Travel and Hospitality

E-commerce

Media and Publishing

Relevant Teams

Legal

Marketing

Brand Management

Communications

Public Relations

Digital Marketing

Advertising

Business Development

Compliance

Creative

Commercial

Relevant Roles

Marketing Director

Brand Manager

Chief Marketing Officer

Legal Counsel

Commercial Director

Business Development Manager

Marketing Manager

Communications Director

Advertising Manager

Digital Marketing Manager

Public Relations Manager

Contract Manager

Compliance Officer

Creative Director

Social Media Manager

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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