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Brand Promotion Agreement

Brand Promotion Agreement Template for Nigeria

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Key Requirements PROMPT example:

Brand Promotion Agreement

"I need a Brand Promotion Agreement for my tech startup engaging a social media influencer to promote our new mobile app across Nigeria, with a 6-month campaign starting January 2025 and including specific performance metrics for social media engagement."

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Document background
The Brand Promotion Agreement is a crucial document for businesses operating in the Nigerian market who wish to engage third parties for brand promotion activities. This agreement is particularly relevant in the context of Nigeria's growing digital and traditional marketing landscape, where compliance with local regulations, particularly the Advertising Practitioners Council of Nigeria (APCON) requirements, is essential. The document typically becomes necessary when a brand owner wants to formally engage promotional partners, whether they be agencies, individuals, or influencers, to promote their products or services. It covers critical aspects such as scope of promotional activities, brand usage guidelines, compensation structures, performance metrics, and compliance with Nigerian advertising and consumer protection laws. The agreement is designed to protect both parties' interests while ensuring promotional activities align with local regulatory requirements and market practices.
Suggested Sections

1. Parties: Identifies and provides full details of the contracting parties - brand owner and promoter

2. Background: Contextual information about the brand, promotional opportunity, and parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Details of the promotional appointment and scope of promotional activities

5. Term: Duration of the agreement including start date and end date

6. Promotional Activities: Detailed description of required promotional activities and deliverables

7. Brand Guidelines and Approvals: Requirements for brand usage and approval processes

8. Financial Terms: Payment terms, fees, commissions, and financial obligations

9. Obligations of the Promoter: Specific duties and responsibilities of the promoting party

10. Obligations of the Brand Owner: Specific duties and responsibilities of the brand owner

11. Intellectual Property Rights: Protection and usage of brand IP and related materials

12. Compliance with Laws: Requirements for regulatory compliance including APCON regulations

13. Representations and Warranties: Standard warranties from both parties

14. Confidentiality: Protection of confidential information

15. Termination: Conditions and process for ending the agreement

16. Post-Termination Obligations: Obligations that survive after agreement termination

17. Dispute Resolution: Process for handling disputes between parties

18. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Performance Targets: Specific metrics and KPIs for measuring promotional success - include when performance-based compensation is involved

2. Digital Marketing Provisions: Specific terms for digital and social media promotion - include for digital campaigns

3. Data Protection: Specific provisions for handling personal data - include when customer data collection is involved

4. Exclusivity: Terms regarding exclusive promotion rights - include when exclusive rights are granted

5. Insurance: Insurance requirements - include for high-risk promotional activities

6. Celebrity Rights: Terms for using celebrity endorsements - include when celebrities are involved

7. Territory Restrictions: Specific geographical limitations - include for region-specific promotions

8. Minimum Spend Commitments: Minimum promotional spending requirements - include when applicable

Suggested Schedules

1. Schedule 1 - Promotional Activities Detail: Detailed scope of promotional activities, timelines, and deliverables

2. Schedule 2 - Brand Guidelines: Comprehensive brand usage guidelines and specifications

3. Schedule 3 - Fee Structure: Detailed breakdown of fees, commission structures, and payment terms

4. Schedule 4 - Approved Marketing Materials: List of pre-approved marketing materials and templates

5. Schedule 5 - Performance Metrics: Detailed KPIs and measurement criteria

6. Schedule 6 - Approval Process: Detailed workflow for obtaining approvals for promotional materials

7. Appendix A - Contact Details: Key contact information for both parties

8. Appendix B - Required Regulatory Disclaimers: Standard disclaimers required by Nigerian law and APCON

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
Applicable Laws
APCON
Approved Promotional Materials
Brand
Brand Guidelines
Brand Assets
Brand Owner
Business Day
Commencement Date
Confidential Information
Deliverables
Digital Content
Effective Date
Force Majeure
Initial Term
Intellectual Property Rights
Key Performance Indicators
Marketing Materials
Media Channels
NBC Code
Party/Parties
Performance Metrics
Promotional Activities
Promotional Period
Promoter
Promotion Territory
Regulatory Approvals
Renewal Term
Representatives
Revenue Share
Royalty Fees
Sales Promotion
Services
Social Media Platforms
Sponsorship
Target Audience
Term
Territory
Third Party
Trade Marks
Working Days
Year
Clauses
Interpretation
Appointment
Term and Duration
Scope of Services
Promotional Activities
Brand Guidelines
Approvals
Intellectual Property Rights
License Grant
Regulatory Compliance
Marketing Standards
Performance Requirements
Payment Terms
Commission Structure
Representations and Warranties
Confidentiality
Data Protection
Non-Competition
Non-Solicitation
Exclusivity
Reporting Requirements
Quality Control
Audit Rights
Insurance
Indemnification
Limitation of Liability
Force Majeure
Termination
Post-Termination Obligations
Assignment
Subcontracting
Notices
Amendments
Entire Agreement
Severability
Waiver
Third Party Rights
Governing Law
Dispute Resolution
Compliance with Anti-Corruption Laws
Force Majeure
Relevant Industries

Consumer Goods

Retail

Fashion and Apparel

Food and Beverage

Technology

Telecommunications

Entertainment

Financial Services

Automotive

Healthcare

Beauty and Cosmetics

Sports and Leisure

Travel and Tourism

Education

Media and Broadcasting

Relevant Teams

Legal

Marketing

Brand Management

Commercial

Business Development

Compliance

Public Relations

Digital Marketing

Advertising

Corporate Communications

Contract Management

Relevant Roles

Marketing Director

Brand Manager

Legal Counsel

Commercial Director

Chief Marketing Officer

Business Development Manager

Compliance Officer

Marketing Communications Manager

Public Relations Manager

Digital Marketing Manager

Advertising Manager

Contract Manager

Brand Ambassador

Marketing Executive

Chief Commercial Officer

Industries
Nigerian Consumer Protection Act: Governs consumer rights and protection, ensuring promotional activities don't mislead consumers and maintaining fair business practices
Advertising Practitioners Council of Nigeria (APCON) Act: Regulates advertising and promotional activities in Nigeria, including content standards and approval requirements
Nigerian Trade Marks Act: Protects trademarks and brand identities, crucial for brand promotion agreements
Copyright Act (CAP C28 LFN 2004): Protects creative works and intellectual property rights associated with brand materials
Federal Competition and Consumer Protection Act 2018: Ensures fair competition and prevents anti-competitive practices in promotional activities
Nigeria Data Protection Regulation (NDPR): Governs the collection and processing of personal data in promotional activities
Nigerian Contract Law: Based on common law principles, governs formation and enforcement of contracts
Sales Promotion Registration and Regulation Guidelines: Specific guidelines for conducting sales promotions and promotional campaigns in Nigeria
National Broadcasting Commission (NBC) Code: Regulates broadcast advertising and promotional content if broadcast media is involved
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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