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Marketing License Agreement

Marketing License Agreement Template for Australia

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Key Requirements PROMPT example:

Marketing License Agreement

"I need a Marketing License Agreement for my tech startup to license our digital marketing materials and brand assets to marketing agencies across Australia, with strict guidelines for social media usage and a revenue-sharing model, starting from March 2025."

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Document background
A Marketing License Agreement is essential when one party wishes to grant another the right to use its marketing materials, trademarks, or brand assets for promotional purposes in Australia. This document is particularly relevant when companies want to expand their market presence through third-party marketing activities while maintaining control over their brand. The agreement must comply with Australian federal and state legislation, including the Competition and Consumer Act 2010, Trade Marks Act 1995, and relevant privacy laws. It typically includes detailed provisions on usage rights, quality control, approval processes, and payment terms, ensuring both parties understand their obligations and protections under Australian law. This type of agreement is commonly used in brand partnerships, agency relationships, and cross-promotional activities where marketing assets need to be shared while preserving brand integrity.
Suggested Sections

1. Parties: Identification of the licensor and licensee, including full legal names and addresses

2. Background: Context of the agreement, including brief description of the parties' businesses and purpose of the licensing arrangement

3. Definitions: Defined terms used throughout the agreement, including Licensed Materials, Territory, and Marketing Activities

4. Grant of License: Scope of the license, including territory, exclusivity/non-exclusivity, and permitted uses

5. License Fees and Payment Terms: Financial terms, including license fees, royalties, payment schedule, and reporting requirements

6. Quality Control and Approval Process: Requirements for maintaining brand standards and obtaining approval for marketing materials

7. Intellectual Property Rights: Ownership of IP, protection measures, and handling of improvements or modifications

8. Obligations of the Parties: Specific responsibilities of both licensor and licensee

9. Term and Termination: Duration of agreement, renewal options, and termination rights

10. Confidentiality: Protection of confidential information exchanged during the relationship

11. Warranties and Representations: Standard warranties regarding IP ownership, authority to contract, and compliance with laws

12. Indemnification: Mutual or one-way indemnities for breach of agreement or third-party claims

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

Optional Sections

1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses to third parties

2. Minimum Performance Requirements: Include when there are specific marketing spend or performance targets

3. Digital Marketing Provisions: Include for agreements specifically covering digital marketing activities

4. Social Media Guidelines: Include when social media marketing is part of the licensed activities

5. Data Protection and Privacy: Include when marketing activities involve collection or processing of personal data

6. Co-branding Requirements: Include when the agreement involves use of multiple brands together

7. Marketing Fund: Include when parties establish a joint marketing fund

8. Territory-Specific Requirements: Include when marketing activities span multiple jurisdictions

Suggested Schedules

1. Schedule 1 - Licensed Materials: Detailed list of trademarks, copyrighted materials, and other licensed IP

2. Schedule 2 - Approved Marketing Activities: Specific marketing activities permitted under the license

3. Schedule 3 - Brand Guidelines: Detailed brand usage requirements and style guide

4. Schedule 4 - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms

5. Schedule 5 - Approval Process: Step-by-step process for obtaining approval for marketing materials

6. Schedule 6 - Reporting Requirements: Templates and requirements for periodic reporting

7. Appendix A - Sample Marketing Materials: Examples of approved marketing materials and formats

8. Appendix B - Technical Requirements: Technical specifications for digital marketing materials

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
Approved Marketing Materials
Brand Guidelines
Business Day
Commencement Date
Confidential Information
Effective Date
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
License
Licensed Materials
Licensed Marks
Marketing Activities
Marketing Plan
Net Sales
Payment Terms
Permitted Purpose
Quality Standards
Quarterly Report
Renewal Term
Royalties
Social Media Accounts
Social Media Content
Style Guide
Sub-licensee
Term
Territory
Third Party Materials
Trade Marks
Working Hours
Approval Process
Authorized Users
Brand Assets
Campaign
Digital Marketing Materials
Exclusivity Period
Marketing Channels
Marketing Specifications
Minimum Performance Requirements
Reporting Period
Review Period
Revenue Share
Termination Date
Clauses
Definitions
License Grant
Territory
Exclusivity
Term and Duration
Payment Terms
Royalties
Quality Control
Approval Process
Marketing Requirements
Brand Guidelines
Intellectual Property Rights
Confidentiality
Data Protection
Performance Requirements
Reporting
Warranties
Indemnification
Limitation of Liability
Force Majeure
Termination
Assignment
Sub-licensing
Audit Rights
Compliance with Laws
Dispute Resolution
Governing Law
Digital Marketing
Social Media
Content Requirements
Brand Protection
Marketing Standards
Competition Law Compliance
Consumer Protection
Regulatory Compliance
Notice Requirements
Amendment
Entire Agreement
Severability
Waiver
Relationship of Parties
Relevant Industries

Retail

Consumer Goods

Technology

Entertainment

Media

Fashion

Food and Beverage

Sports

Telecommunications

Professional Services

Healthcare

Education

Financial Services

Hospitality

Automotive

Relevant Teams

Legal

Marketing

Brand Management

Business Development

Commercial

Compliance

Digital Marketing

Creative Services

Intellectual Property

Partnerships

Relevant Roles

Marketing Director

Brand Manager

Legal Counsel

Commercial Manager

Licensing Manager

Chief Marketing Officer

Business Development Manager

Intellectual Property Manager

Compliance Officer

Marketing Operations Manager

Contract Administrator

Brand Protection Manager

Digital Marketing Manager

Creative Director

Partnership Manager

Industries
Competition and Consumer Act 2010 (Cth): Primary federal law governing competition, fair trading, and consumer protection in Australia, including provisions about misleading conduct and unfair practices in marketing
Australian Consumer Law (Schedule 2 of the Competition and Consumer Act): Specific provisions relating to consumer protection, fair trading, and marketing practices, including regulations on warranties and guarantees
Trade Marks Act 1995 (Cth): Governs the protection and use of trademarks in Australia, crucial for marketing materials and branding elements being licensed
Copyright Act 1968 (Cth): Protects original marketing materials, content, and creative works that may be subject to the license agreement
Privacy Act 1988 (Cth): Regulates the collection, use, and disclosure of personal information, including the Australian Privacy Principles which are crucial for marketing activities
Spam Act 2003: Regulates commercial electronic messages, crucial for digital marketing aspects of the license agreement
Electronic Transactions Act 1999 (Cth): Provides legal framework for electronic commerce and digital communications, relevant for online marketing activities
Australian Association of National Advertisers (AANA) Code of Ethics: Self-regulatory code setting standards for advertising and marketing communications in Australia
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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