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Co Branding License Agreement

Co Branding License Agreement Template for India

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Key Requirements PROMPT example:

Co Branding License Agreement

"I need a Co-Branding License Agreement for a collaboration between my premium sportswear brand and a major tech company to create smart athletic wear with embedded fitness tracking capabilities, to be launched across India in March 2025."

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Document background
The Co-Branding License Agreement is essential for businesses seeking to leverage partnership opportunities through brand collaboration in the Indian market. This document is typically used when two established brands want to create joint products, services, or marketing campaigns while maintaining control over their respective brand identities. It addresses crucial aspects such as brand usage rights, quality standards, revenue sharing, and compliance with Indian intellectual property laws. The agreement is particularly important given India's complex regulatory environment, including requirements under the Trade Marks Act, 1999, and the Consumer Protection Act, 2019. It provides a comprehensive framework for managing brand relationships, protecting intellectual property, and ensuring compliance with local regulations while maximizing the commercial benefits of brand collaboration.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including registered addresses and company details

2. Background: Context of the agreement, brief description of each party's business, and purpose of the co-branding arrangement

3. Definitions: Detailed definitions of terms used throughout the agreement, including specific brand assets, territories, and technical terms

4. Grant of License: Scope of license granted, including territory, duration, exclusivity/non-exclusivity, and specific permissions for brand usage

5. Usage Guidelines and Restrictions: Specific rules for how brands can be used, prohibited uses, and approval processes for marketing materials

6. Quality Control: Standards for co-branded products/services, quality assurance processes, and inspection rights

7. Intellectual Property Rights: Ownership assertions, protection of IP rights, and handling of new IP created during collaboration

8. Financial Terms: Payment terms, royalties, revenue sharing arrangements, and payment mechanisms

9. Term and Termination: Duration of agreement, renewal terms, termination rights, and post-termination obligations

10. Representations and Warranties: Each party's assertions about their rights, capabilities, and authority to enter the agreement

11. Confidentiality: Protection of confidential information exchanged during the collaboration

12. Indemnification: Mutual indemnification obligations and liability limitations

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

Optional Sections

1. Marketing and Promotion: Specific requirements for joint marketing activities, budget allocation, and approval processes. Include when parties plan extensive joint marketing campaigns

2. Distribution Rights: Details of distribution channels and restrictions. Include when the agreement involves physical products

3. Digital Rights: Specific provisions for online and digital usage of brands. Include for digital-heavy collaborations

4. International Usage: Specific provisions for international markets and compliance. Include for cross-border arrangements

5. Data Protection: Provisions for handling customer data and compliance with data protection laws. Include when customer data sharing is involved

6. Supply Chain Requirements: Specific requirements for manufacturing and supply chain. Include for product-based co-branding

7. Anti-Corruption Compliance: Detailed anti-corruption and compliance provisions. Include for international deals or regulated industries

8. Force Majeure: Provisions for unforeseen circumstances affecting performance. Include based on risk assessment

Suggested Schedules

1. Brand Guidelines: Detailed specifications for brand usage, including logos, colors, positioning, and size requirements

2. Licensed Products/Services: Comprehensive list of products or services covered under the co-branding arrangement

3. Quality Standards: Detailed quality control specifications and testing procedures

4. Financial Terms: Detailed breakdown of financial arrangements, including royalty calculations and payment schedules

5. Approval Process: Step-by-step procedures for obtaining approvals for marketing materials and brand usage

6. Territory Definition: Detailed description of geographical territories covered by the agreement

7. Key Performance Indicators: Metrics and targets for measuring the success of the co-branding arrangement

8. Contact Details: List of key contacts 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Affiliate
Approved Products
Approved Services
Brand Guidelines
Brand(s)
Business Day
Co-Branded Materials
Commencement Date
Confidential Information
Control
Effective Date
Force Majeure Event
Gross Sales
Initial Term
Intellectual Property Rights
License
Licensed Marks
Licensed Products
Licensed Services
Licensee
Licensor
Marketing Materials
Net Sales
Payment Period
Quality Standards
Quarter
Renewal Term
Royalty Rate
Social Media
Term
Territory
Third Party
Trade Marks
Working Day
Year
Marketing Plan
Minimum Sales Targets
Distribution Channels
Digital Platforms
Approval Process
Brand Assets
Co-Branded Products
Co-Branded Services
Quality Control Procedures
Reporting Period
Sales Revenue
Trademark Usage Guidelines
Clauses
Grant of License
Intellectual Property Rights
Territory
Exclusivity
Term and Duration
Renewal
Brand Usage
Quality Control
Approval Process
Marketing and Promotion
Financial Terms
Royalty Payments
Minimum Guarantees
Audit Rights
Representations and Warranties
Confidentiality
Non-Competition
Non-Solicitation
Indemnification
Limitation of Liability
Insurance
Termination
Force Majeure
Assignment
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Waiver
Amendment
Compliance with Laws
Data Protection
Anti-Corruption
Brand Protection
Sub-Licensing
Reporting Requirements
Product Development
Quality Standards
Distribution Rights
Performance Metrics
Relevant Industries

Retail

Consumer Goods

Fashion and Apparel

Food and Beverage

Technology

Automotive

Financial Services

Entertainment

Sports

Telecommunications

Electronics

Healthcare

Hospitality

Education

Media

Relevant Teams

Legal

Marketing

Brand Management

Business Development

Commercial

Compliance

Product Development

Corporate Strategy

Finance

Public Relations

Intellectual Property

Relevant Roles

Chief Marketing Officer

Brand Manager

Legal Counsel

Intellectual Property Lawyer

Commercial Director

Business Development Manager

Licensing Manager

Partnership Manager

Marketing Director

Chief Executive Officer

Chief Legal Officer

Product Manager

Compliance Officer

Contract Manager

Brand Licensing Director

Industries
The Trade Marks Act, 1999: Governs trademark protection, registration, and licensing in India. Essential for protecting both parties' brands and regulating their usage in co-branding arrangements.
The Indian Contract Act, 1872: Provides the fundamental legal framework for contract formation, validity, and enforcement in India, including elements like offer, acceptance, consideration, and breach remedies.
The Competition Act, 2002: Ensures the co-branding agreement doesn't create anti-competitive effects in the market or abuse dominant position.
Consumer Protection Act, 2019: Protects consumer interests and rights, particularly relevant for co-branded products/services, including provisions about misleading advertisements and unfair trade practices.
The Copyright Act, 1957: Protects original artistic works, including logos, marketing materials, and creative content used in co-branding.
Advertising Standards Council of India (ASCI) Guidelines: Self-regulatory guidelines for advertising content and practices in India, ensuring truthful and fair advertising of co-branded products.
Information Technology Act, 2000: Relevant if the co-branding extends to digital platforms, websites, or e-commerce activities.
Foreign Exchange Management Act, 1999: Applicable if one of the parties is a foreign entity, governing international financial transactions and foreign brand usage.
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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