Brand Promotion Agreement Template for United States

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Key Requirements PROMPT example:

Brand Promotion Agreement

"I need a Brand Promotion Agreement for our new sports beverage company engaging a major fitness influencer to promote our products across Instagram and YouTube, with exclusive rights in the US market for 12 months starting January 2025."

Document background
The Brand Promotion Agreement serves as a crucial document in modern marketing relationships, particularly in the United States where promotional activities are heavily regulated. This agreement is essential when a brand owner wishes to engage external parties for promotion while maintaining control over brand representation and ensuring compliance with federal and state regulations. The contract typically covers promotional scope, compensation, content guidelines, performance metrics, and legal compliance, including FTC disclosure requirements and intellectual property protections.
Suggested Sections

1. Parties: Identification of contracting parties including legal names and addresses

2. Background/Recitals: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Scope of Promotion: Detailed description of promotional activities and deliverables

5. Term and Termination: Duration of agreement and termination conditions

6. Compensation: Payment terms, amounts, and schedule

7. Brand Guidelines: Rules for brand usage and promotional content

8. Compliance Requirements: Legal and regulatory compliance obligations

9. Intellectual Property Rights: Ownership and usage rights of brands and content

Optional Sections

1. Exclusivity: Terms of exclusive promotion rights for specific territories or channels

2. Performance Metrics: Specific KPIs and measurement criteria for performance-based promotions

3. Social Media Provisions: Specific requirements and guidelines for social media promotional activities

4. Content Approval Process: Procedures for content review and approval when strict brand control is required

Suggested Schedules

1. Schedule A - Brand Guidelines: Detailed brand usage rules and specifications

2. Schedule B - Compensation Schedule: Detailed payment terms and milestone schedules

3. Schedule C - Promotional Activities: Detailed list of required promotional activities

4. Schedule D - Approved Channels: List of approved promotional channels and platforms

5. Schedule E - Content Requirements: Specific requirements for promotional content

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

Clauses
Industries

Federal Trade Commission (FTC) Act: Governs endorsements, testimonials, truth in advertising requirements, and disclosure requirements for sponsored content in promotional activities

Lanham Act: Federal trademark law covering protection of brand elements, false advertising provisions, and unfair competition regulations

Copyright Act: Regulates protection of creative content, licensing of copyrighted materials, and content ownership rights in promotional materials

CAN-SPAM Act: Federal law governing email marketing practices and promotional communications via email

FCC Regulations: Federal Communications Commission rules governing broadcast media promotions and social media advertising guidelines

State Consumer Protection Laws: State-specific regulations governing unfair and deceptive practices in promotional activities, varying by jurisdiction

State Privacy Laws: State-specific requirements for data collection and usage, particularly relevant in states like California with CCPA

State Advertising Regulations: State-specific disclosure requirements and rules governing promotional contests and sweepstakes

Right of Publicity Laws: State-varying laws governing the use of an individual's name, image, or likeness in promotional materials

Social Media Platform Policies: Platform-specific guidelines and requirements that must be considered for compliance in brand promotion activities

Industry-Specific Regulations: Special rules and requirements for promoting specific industries such as alcohol, tobacco, or financial services

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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