Brand Usage Agreement Template for Indonesia

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Key Requirements PROMPT example:

Brand Usage Agreement

"I need a Brand Usage Agreement for my Indonesian cosmetics company to allow a local distributor to use our brand on their marketing materials and product packaging, with strict quality control measures and a territory limited to Java and Sumatra."

Document background
The Brand Usage Agreement is a crucial legal instrument in Indonesia's commercial landscape, designed to protect brand owners while facilitating controlled brand exploitation. It becomes necessary when a business wants to allow another entity to use its brand assets while maintaining control over how these assets are used. The agreement, governed by Indonesian law and regulations, particularly Law No. 20 of 2016 on Marks and Geographical Indications, typically includes comprehensive provisions on usage rights, quality standards, territorial limitations, and fees. It's commonly used in licensing arrangements, franchising, distribution agreements, and marketing partnerships, providing both parties with clear guidelines and protections while ensuring compliance with Indonesian intellectual property laws and commercial regulations.
Suggested Sections

1. Parties: Identification of the brand owner and the authorized user, including full legal names and addresses

2. Background: Context of the agreement, confirmation of brand ownership, and general purpose of the arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Brand', 'Territory', 'Licensed Products', etc.

4. Grant of Rights: Specific rights being granted, including scope, territory, and any restrictions on usage

5. Term and Renewal: Duration of the agreement and conditions for renewal

6. Brand Usage Guidelines: Mandatory requirements for how the brand must be used, including size, placement, colors, and contexts

7. Quality Control: Standards that must be maintained and brand owner's right to inspect and approve usage

8. Fees and Payment Terms: Any applicable licensing fees, royalties, or other financial arrangements

9. Protection of the Brand: Obligations regarding brand protection, reporting infringement, and cooperation in enforcement

10. Representations and Warranties: Statements of fact and promises by both parties regarding their rights and capabilities

11. Termination: Circumstances under which the agreement can be terminated and the consequences of termination

12. Post-Termination Obligations: Actions required after the agreement ends, including cessation of brand use and return of materials

13. General Provisions: Standard legal clauses including notices, assignment, entire agreement, and governing law

Optional Sections

1. Sub-licensing Rights: Include when the authorized user needs the right to permit others to use the brand

2. Social Media Usage: Include when the brand will be used on social media platforms

3. Co-branding Provisions: Include when the brand will be used alongside other brands

4. Export Restrictions: Include when there are specific territorial limitations or export controls

5. Marketing Obligations: Include when the user has specific obligations to promote or market the brand

6. Minimum Performance Requirements: Include when the agreement requires minimum sales or usage levels

7. Change of Control: Include when changes in company ownership need special consideration

8. Dispute Resolution: Include when specific dispute resolution procedures (e.g., arbitration) are required

Suggested Schedules

1. Brand Guidelines: Detailed technical specifications for brand usage, including color codes, dimensions, and placement requirements

2. Licensed Products/Services: Comprehensive list of products or services for which the brand usage is authorized

3. Territory Definition: Detailed description of geographical areas where brand usage is permitted

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

5. Quality Control Standards: Specific quality requirements and inspection procedures

6. Approved Usage Examples: Examples of correct brand usage in various contexts

7. Approval Process: Detailed procedures for obtaining approval for new brand uses

8. Contact Details: List of key contacts for both parties for various aspects of the agreement

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

Relevant legal definitions
Clauses
Relevant Industries

Retail

Consumer Goods

Fashion and Apparel

Food and Beverage

Technology

Entertainment

Automotive

Pharmaceuticals

Hospitality

Education

Sports and Recreation

Media and Publishing

E-commerce

Manufacturing

Professional Services

Relevant Teams

Legal

Marketing

Brand Management

Intellectual Property

Commercial

Business Development

Compliance

Corporate Affairs

Licensing

International Operations

Relevant Roles

Legal Counsel

Brand Manager

Licensing Director

Intellectual Property Manager

Commercial Director

Business Development Manager

Marketing Director

Franchise Manager

Compliance Officer

Chief Legal Officer

Chief Marketing Officer

Partnership Manager

Brand Protection Manager

Trademark Attorney

General Counsel

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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