Brand Promotion Agreement Template for India

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Key Requirements PROMPT example:

Brand Promotion Agreement

"I need a Brand Promotion Agreement for engaging multiple social media influencers to promote our new health supplement line across Instagram and YouTube, with specific performance metrics and content approval processes, starting March 2025."

Document background
The Brand Promotion Agreement serves as a critical legal instrument in the Indian market for establishing and managing promotional relationships between brand owners and various types of promoters. This document becomes necessary when a company wants to engage external parties for brand promotion activities while maintaining control over brand representation and ensuring compliance with Indian laws and regulations. It includes essential provisions covering promotional rights, compensation, brand usage guidelines, and quality control measures. The agreement is structured to comply with Indian contract law, advertising standards, consumer protection regulations, and intellectual property rights. It's particularly relevant in today's digital age where brand promotion spans multiple channels and requires careful consideration of both traditional and online marketing approaches. The document can be customized based on specific promotion types, whether through celebrities, influencers, marketing agencies, or other promotional channels.
Suggested Sections

1. Parties: Identification of the brand owner and the promoter with their complete legal details

2. Background: Context of the agreement, including brief description of the brand and the purpose of the promotion

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

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

5. Rights and Obligations: Specific rights granted to the promoter and obligations of both parties

6. Brand Guidelines and Usage: Rules and requirements for brand usage, including quality control measures

7. Compensation and Payment Terms: Details of fees, commissions, or other compensation arrangements

8. Term and Termination: Duration of the agreement and conditions for termination

9. Intellectual Property Rights: Protection and ownership of brand assets and promotional materials

10. Confidentiality: Protection of confidential information shared during the promotion activities

11. Representations and Warranties: Standard assurances from both parties

12. Indemnification: Mutual indemnification obligations for breach or third-party claims

13. General Provisions: Standard boilerplate clauses including notices, governing law, etc.

Optional Sections

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

2. Celebrity Rights: Additional provisions when the promoter is a celebrity or public figure

3. Exclusivity: Terms regarding exclusive promotion rights, used when the promoter is restricted from promoting competing brands

4. Performance Metrics: Specific KPIs and performance evaluation criteria, used when promotion is performance-based

5. Content Creation and Approval: Detailed process for creating and approving promotional content, used for complex promotional campaigns

6. Regulatory Compliance: Industry-specific compliance requirements, used when promoting regulated products/services

7. Insurance: Insurance requirements and coverage details, used for high-value or high-risk promotions

8. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term or high-value agreements

Suggested Schedules

1. Schedule 1 - Brand Guidelines: Detailed brand usage guidelines, including logo specifications, color codes, and prohibited uses

2. Schedule 2 - Compensation Structure: Detailed breakdown of fees, commission structures, and payment milestones

3. Schedule 3 - Promotional Activities: Comprehensive list of agreed promotional activities and deliverables

4. Schedule 4 - Territory and Channels: Detailed description of geographical areas and promotional channels covered

5. Schedule 5 - Approval Matrix: Process flow and timelines for content approval

6. Appendix A - Brand Assets: List of brand assets provided for promotion

7. Appendix B - Performance Metrics: Detailed KPIs and measurement methodologies

8. Appendix C - Contact Details: Key contact persons and escalation matrix for both parties

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 Apparel

Technology

Entertainment

Sports

Food and Beverage

Healthcare

Automotive

Telecommunications

E-commerce

Financial Services

Hospitality

Media and Advertising

Beauty and Personal Care

Relevant Teams

Legal

Marketing

Brand Management

Commercial

Business Development

Public Relations

Digital Marketing

Advertising

Compliance

Creative Services

Social Media

Corporate Communications

Relevant Roles

Marketing Director

Brand Manager

Legal Counsel

Commercial Director

Chief Marketing Officer

Business Development Manager

Public Relations Manager

Digital Marketing Manager

Advertising Manager

Partnerships Manager

Content Manager

Social Media Manager

Compliance Officer

Contract Manager

Brand Protection 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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