Co Branding Partnership Agreement for Australia

Co Branding Partnership Agreement Template for Australia

This agreement, governed by Australian law, establishes the legal framework for two or more parties to combine their brands for mutual benefit in marketing, product development, or service delivery. It outlines the terms and conditions for brand usage, quality control measures, approval processes, and revenue sharing arrangements while ensuring compliance with Australian consumer law, intellectual property regulations, and fair trading practices. The document includes comprehensive provisions for protecting both parties' intellectual property rights, maintaining brand integrity, and managing the collaborative relationship throughout its duration.

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What is a Co Branding Partnership Agreement?

The Co-Branding Partnership Agreement is essential for businesses seeking to leverage brand synergies and expand market reach through strategic collaboration. This document, designed for use in the Australian jurisdiction, provides a comprehensive framework for managing brand partnerships, protecting intellectual property, and ensuring compliance with relevant Australian legislation including the Trade Marks Act 1995 and Competition and Consumer Act 2010. It is particularly valuable when companies wish to combine their marketing efforts, develop co-branded products or services, or create joint promotional campaigns. The agreement addresses crucial aspects such as brand usage rights, quality control standards, approval processes, revenue sharing mechanisms, and termination provisions, making it suitable for both short-term promotional partnerships and long-term strategic brand alliances.

What sections should be included in a Co Branding Partnership Agreement?

1. Parties: Identifies and provides full legal details of all parties entering into the agreement

2. Background: Explains the context and purpose of the co-branding partnership and what each party brings to the relationship

3. Definitions: Defines key terms used throughout the agreement

4. Term and Renewal: Specifies the duration of the agreement and conditions for renewal

5. Grant of Rights: Details the mutual rights granted by each party for use of their respective brands and intellectual property

6. Brand Usage Guidelines: Sets forth the rules and standards for how each party's brand assets may be used

7. Approval Process: Establishes the procedure for reviewing and approving co-branded materials

8. Quality Control: Outlines quality standards and monitoring procedures for co-branded products or services

9. Marketing and Promotion: Defines the marketing obligations and commitments of each party

10. Revenue Sharing: Details how revenue or costs from the co-branding initiative will be shared

11. Intellectual Property Rights: Clarifies ownership and protection of existing and newly created intellectual property

12. Confidentiality: Establishes obligations regarding confidential information

13. Termination: Specifies grounds and procedures for terminating the agreement

14. Post-Termination Obligations: Outlines obligations and restrictions after the agreement ends

15. General Provisions: Includes standard legal provisions such as governing law, notices, and assignment

What sections are optional to include in a Co Branding Partnership Agreement?

1. Data Sharing and Privacy: Required when the partnership involves sharing customer data or personal information

2. Social Media Guidelines: Needed when the partnership includes social media marketing activities

3. Third Party Relationships: Include when either party may need to engage third parties in executing the co-branding activities

4. International Usage: Required when the co-branding extends to multiple countries

5. Crisis Management: Important for high-profile brands or sensitive industries

6. Exclusivity Provisions: Include when parties agree to exclusive arrangements in specific markets or categories

7. Performance Metrics: When specific performance targets are tied to the continuation of the agreement

8. Product Development: Required when the partnership involves creating new co-branded products

What schedules should be included in a Co Branding Partnership Agreement?

1. Brand Guidelines: Detailed specifications for logo usage, color schemes, typography, and other brand elements

2. Approved Products/Services: List of specific products or services covered under the co-branding agreement

3. Territory Schedule: Defines the geographic areas where the co-branding agreement is valid

4. Revenue Sharing Calculations: Detailed methodology for calculating and distributing revenue or costs

5. Approval Matrix: Detailed workflow and timelines for the approval process of co-branded materials

6. Key Personnel: List of key contacts and responsible persons from each party

7. Marketing Calendar: Planned marketing activities and campaigns

8. Quality Control Standards: Detailed quality specifications and testing procedures

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

Jurisdiction

Australia

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Retail

Consumer Goods

Financial Services

Technology

Entertainment

Automotive

Fashion and Apparel

Food and Beverage

Telecommunications

Sports and Recreation

Travel and Hospitality

Healthcare

Education

Media and Publishing

Relevant Teams

Legal

Marketing

Brand Management

Business Development

Commercial

Product Development

Creative Services

Compliance

Corporate Communications

Digital Marketing

Partnership Management

Relevant Roles

Chief Marketing Officer

Brand Manager

Marketing Director

Business Development Manager

Commercial Director

Legal Counsel

Intellectual Property Manager

Partnership Manager

Product Manager

Creative Director

Licensing Manager

Chief Commercial Officer

Marketing Operations Manager

Brand Compliance 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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