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Brand Management Agreement Template for England and Wales

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Key Requirements PROMPT example:

Brand Management Agreement

"I need a Brand Management Agreement for my luxury fashion brand, appointing an international agency to manage our brand across Europe and Asia, with specific provisions for social media management and sustainability reporting, starting from March 2025."

Document background
The Brand Management Agreement serves as the foundational document for outsourcing brand management responsibilities to professional service providers. This agreement, governed by English and Welsh law, is essential when companies seek to maintain consistent brand presence and growth through external expertise. It defines the scope of brand management services, establishes clear guidelines for brand usage, outlines approval processes, and sets performance expectations. The document incorporates relevant UK intellectual property laws, marketing regulations, and data protection requirements, making it suitable for both domestic and international brand management relationships.
Suggested Sections

1. Parties: Identification and details of the brand owner and brand manager

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Key terms used throughout the agreement including defined terms related to brand assets, territories, and services

4. Appointment and Scope: Terms of appointment and detailed scope of brand management services

5. Term and Termination: Duration of agreement and circumstances for termination

6. Brand Manager's Obligations: Detailed responsibilities and duties of the brand manager

7. Brand Owner's Obligations: Responsibilities and duties of the brand owner

8. Fees and Payment: Compensation structure and payment terms

9. Intellectual Property Rights: Ownership and usage rights of brand assets

10. Confidentiality: Protection of confidential information

Optional Sections

1. Performance Metrics: Specific KPIs and performance standards for measuring brand management success

2. International Operations: Provisions for cross-border brand management activities and compliance

3. Sub-contracting: Terms and conditions for engaging third-party service providers

4. Insurance: Required insurance coverage and liability provisions

5. Data Protection: Compliance requirements with UK GDPR and Data Protection Act 2018

Suggested Schedules

1. Schedule 1: Brand Guidelines: Detailed brand usage and style guidelines

2. Schedule 2: Service Level Agreement: Specific service standards and response times

3. Schedule 3: Fee Schedule: Detailed breakdown of fees and payment structures

4. Schedule 4: Approved Sub-contractors: List of pre-approved third-party service providers

5. Schedule 5: Brand Assets: Inventory of brand assets covered by the agreement

6. Schedule 6: Territories: List of geographic areas covered by the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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
Relevant Teams
Relevant Roles
Industries

Trade Marks Act 1994: Primary legislation governing trademark registration, protection, and enforcement in the UK

Copyright, Designs and Patents Act 1988: Key legislation protecting intellectual property rights including copyright, designs, and patents

Common Law - Passing Off: Common law protection against misrepresentation of unregistered trademarks and brand elements

EU Trade Mark Regulations: Retained EU law affecting existing trademark rights post-Brexit

Common Law of Contract: Fundamental principles governing contract formation, terms, and enforcement

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts and limiting exclusion clauses

Consumer Rights Act 2015: Protection for consumers in contracts and supply of goods/services

Competition Act 1998: Legislation preventing anti-competitive practices and abuse of dominant market position

Enterprise Act 2002: Framework for market regulation and competition law enforcement

UK GDPR: Data protection regulation governing processing of personal data

Data Protection Act 2018: UK's implementation of data protection standards and requirements

Privacy and Electronic Communications Regulations: Rules governing electronic communications, marketing, and privacy

Consumer Protection from Unfair Trading Regulations 2008: Protection against unfair commercial practices towards consumers

Business Protection from Misleading Marketing Regulations 2008: Regulations preventing misleading business-to-business marketing

CAP Code: UK Code of Non-broadcast Advertising and Direct & Promotional Marketing standards

Employment Rights Act 1996: Core employment rights and obligations affecting brand management staff

Equality Act 2010: Protection against discrimination in employment and service provision

Commercial Agents Regulations 1993: Regulations governing relationships between principals and commercial agents

Madrid Protocol: International system for trademark registration and protection

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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