Brand Management Agreement Template for India

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Key Requirements PROMPT example:

Brand Management Agreement

"I need a Brand Management Agreement for my luxury fashion retail company to engage a digital marketing agency to manage our brand across social media platforms and e-commerce channels in India, with special focus on sustainability reporting and influencer management, starting March 2025."

Document background
The Brand Management Agreement is essential for businesses in India seeking to professionally manage and enhance their brand value through external expertise. This document is typically used when a company wants to delegate its brand management functions to specialized professionals or agencies while maintaining control over brand integrity. The agreement, governed by Indian law, encompasses crucial elements such as scope of services, brand usage rights, performance metrics, confidentiality provisions, and compliance with Indian trademark and advertising regulations. It's particularly relevant in today's digital age where brand management extends across multiple platforms and requires specialized expertise. The agreement ensures clear delineation of responsibilities, protects intellectual property rights, and establishes accountability measures while complying with relevant Indian legislation including the Trade Marks Act, 1999 and the Consumer Protection Act, 2019.
Suggested Sections

1. Parties: Identification of the brand owner and brand management agency with their full legal details

2. Background: Context of the agreement, brief description of the brand and the purpose of engaging a brand management agency

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Brand', 'Territory', 'Services', etc.

4. Appointment and Scope: Formal appointment of the brand manager and detailed scope of services to be provided

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

6. Brand Manager's Rights and Obligations: Detailed responsibilities and authorized activities of the brand manager

7. Brand Owner's Rights and Obligations: Responsibilities and commitments of the brand owner

8. Intellectual Property Rights: Ownership, usage rights, and protection of brand assets and IP

9. Fees and Payment Terms: Compensation structure, payment schedule, and related financial terms

10. Performance Metrics and Reporting: KPIs, reporting requirements, and performance evaluation criteria

11. Confidentiality: Protection of confidential information and trade secrets

12. Termination: Grounds for termination and post-termination obligations

13. Indemnification and Liability: Risk allocation and limitation of liability provisions

14. Governing Law and Dispute Resolution: Applicable law and mechanism for resolving disputes

15. General Provisions: Standard boilerplate clauses including notices, assignment, force majeure, etc.

Optional Sections

1. Digital Rights Management: Specific provisions for managing the brand's digital presence and social media - include when digital marketing is a significant component

2. Sub-contracting: Terms for engaging third-party service providers - include when sub-contracting will be permitted

3. International Brand Management: Additional provisions for managing the brand across multiple jurisdictions - include for international brands

4. Crisis Management: Procedures for handling brand-related crises - include for high-profile brands or sensitive industries

5. Data Protection and Privacy: Detailed data handling and privacy requirements - include when significant customer data processing is involved

6. Brand Guidelines Compliance: Specific requirements for adherence to brand guidelines - include for established brands with strict guidelines

7. Sustainability and ESG Compliance: Environmental, social, and governance requirements - include for brands with strong sustainability focus

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of brand management services to be provided

2. Schedule 2 - Fee Structure: Detailed fee calculations, commission rates, and payment terms

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

4. Schedule 4 - KPIs and Performance Metrics: Detailed performance indicators and measurement criteria

5. Schedule 5 - Approved Sub-contractors: List of pre-approved third-party service providers

6. Schedule 6 - Brand Assets: Inventory of brand assets covered under the agreement

7. Appendix A - Reporting Templates: Standard templates for various reports required under the agreement

8. Appendix B - Emergency Contact Protocol: Contact details and procedures for emergency situations

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

Technology

Food and Beverage

Entertainment

Healthcare

Financial Services

Telecommunications

Automotive

Hospitality

E-commerce

Sports and Recreation

Education

Relevant Teams

Legal

Marketing

Brand Management

Corporate Communications

Digital Marketing

Compliance

Commercial

Business Development

Creative Services

Public Relations

Relevant Roles

Brand Manager

Marketing Director

Chief Marketing Officer

Legal Counsel

Intellectual Property Manager

Commercial Director

Business Development Manager

Creative Director

Digital Marketing Manager

Communications Manager

Brand Strategy Director

Compliance Officer

Contract Manager

Chief Executive Officer

Chief Operating Officer

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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