The Name Licensing Agreement is a crucial legal instrument used when a party wishes to grant another party the right to use a protected name, trademark, or brand identifier in commercial activities. This document type is particularly relevant in the German market, where stringent intellectual property protections and specific contractual requirements must be observed. The agreement typically includes comprehensive provisions on quality control, payment terms, and usage restrictions, ensuring compliance with German trademark law (Markengesetz) and civil code (BGB) requirements. The document is essential for businesses seeking to monetize their name rights or expand their brand presence through licensed partnerships, while maintaining control over their intellectual property and ensuring legal compliance in the German jurisdiction.

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

2. Background: Context of the agreement, including ownership of the name rights and purpose of the licensing arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Name', 'Territory', 'Term', and 'Licensed Products/Services'

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

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

6. Quality Control: Standards and requirements for use of the licensed name, including approval processes and quality maintenance

7. Protection and Defense of the Licensed Name: Obligations regarding protection of the licensed name, including handling infringement and maintaining registrations

8. Representations and Warranties: Legal assurances from both parties, including ownership rights and authority to enter into the agreement

9. Term and Termination: Duration of the agreement, renewal provisions, and circumstances allowing for termination

10. Post-Termination Obligations: Obligations of parties after agreement ends, including cessation of use and return of materials

11. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for dispute resolution

12. Miscellaneous: Standard legal provisions including severability, entire agreement, and amendments