The Brand Management Agreement is essential for businesses in India seeking to professionally manage and enhance their brand value through external expertise. This document is typically used when a company wants to delegate its brand management functions to specialized professionals or agencies while maintaining control over brand integrity. The agreement, governed by Indian law, encompasses crucial elements such as scope of services, brand usage rights, performance metrics, confidentiality provisions, and compliance with Indian trademark and advertising regulations. It's particularly relevant in today's digital age where brand management extends across multiple platforms and requires specialized expertise. The agreement ensures clear delineation of responsibilities, protects intellectual property rights, and establishes accountability measures while complying with relevant Indian legislation including the Trade Marks Act, 1999 and the Consumer Protection Act, 2019.
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1. Parties: Identification of the brand owner and brand management agency with their full legal details
2. Background: Context of the agreement, brief description of the brand and the purpose of engaging a brand management agency
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Brand', 'Territory', 'Services', etc.
4. Appointment and Scope: Formal appointment of the brand manager and detailed scope of services to be provided
5. Term and Renewal: Duration of the agreement and conditions for renewal
6. Brand Manager's Rights and Obligations: Detailed responsibilities and authorized activities of the brand manager
7. Brand Owner's Rights and Obligations: Responsibilities and commitments of the brand owner
8. Intellectual Property Rights: Ownership, usage rights, and protection of brand assets and IP
9. Fees and Payment Terms: Compensation structure, payment schedule, and related financial terms
10. Performance Metrics and Reporting: KPIs, reporting requirements, and performance evaluation criteria
11. Confidentiality: Protection of confidential information and trade secrets
12. Termination: Grounds for termination and post-termination obligations
13. Indemnification and Liability: Risk allocation and limitation of liability provisions
14. Governing Law and Dispute Resolution: Applicable law and mechanism for resolving disputes
15. General Provisions: Standard boilerplate clauses including notices, assignment, force majeure, etc.
1. Digital Rights Management: Specific provisions for managing the brand's digital presence and social media - include when digital marketing is a significant component
2. Sub-contracting: Terms for engaging third-party service providers - include when sub-contracting will be permitted
3. International Brand Management: Additional provisions for managing the brand across multiple jurisdictions - include for international brands
4. Crisis Management: Procedures for handling brand-related crises - include for high-profile brands or sensitive industries
5. Data Protection and Privacy: Detailed data handling and privacy requirements - include when significant customer data processing is involved
6. Brand Guidelines Compliance: Specific requirements for adherence to brand guidelines - include for established brands with strict guidelines
7. Sustainability and ESG Compliance: Environmental, social, and governance requirements - include for brands with strong sustainability focus
1. Schedule 1 - Scope of Services: Detailed breakdown of brand management services to be provided
2. Schedule 2 - Fee Structure: Detailed fee calculations, commission rates, and payment terms
3. Schedule 3 - Brand Guidelines: Comprehensive brand guidelines and usage rules
4. Schedule 4 - KPIs and Performance Metrics: Detailed performance indicators and measurement criteria
5. Schedule 5 - Approved Sub-contractors: List of pre-approved third-party service providers
6. Schedule 6 - Brand Assets: Inventory of brand assets covered under the agreement
7. Appendix A - Reporting Templates: Standard templates for various reports required under the agreement
8. Appendix B - Emergency Contact Protocol: Contact details and procedures for emergency situations
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