The Co-Branding License Agreement is essential for businesses seeking to leverage partnership opportunities through brand collaboration in the Indian market. This document is typically used when two established brands want to create joint products, services, or marketing campaigns while maintaining control over their respective brand identities. It addresses crucial aspects such as brand usage rights, quality standards, revenue sharing, and compliance with Indian intellectual property laws. The agreement is particularly important given India's complex regulatory environment, including requirements under the Trade Marks Act, 1999, and the Consumer Protection Act, 2019. It provides a comprehensive framework for managing brand relationships, protecting intellectual property, and ensuring compliance with local regulations while maximizing the commercial benefits of brand collaboration.
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1. Parties: Identification of the parties entering into the agreement, including registered addresses and company details
2. Background: Context of the agreement, brief description of each party's business, and purpose of the co-branding arrangement
3. Definitions: Detailed definitions of terms used throughout the agreement, including specific brand assets, territories, and technical terms
4. Grant of License: Scope of license granted, including territory, duration, exclusivity/non-exclusivity, and specific permissions for brand usage
5. Usage Guidelines and Restrictions: Specific rules for how brands can be used, prohibited uses, and approval processes for marketing materials
6. Quality Control: Standards for co-branded products/services, quality assurance processes, and inspection rights
7. Intellectual Property Rights: Ownership assertions, protection of IP rights, and handling of new IP created during collaboration
8. Financial Terms: Payment terms, royalties, revenue sharing arrangements, and payment mechanisms
9. Term and Termination: Duration of agreement, renewal terms, termination rights, and post-termination obligations
10. Representations and Warranties: Each party's assertions about their rights, capabilities, and authority to enter the agreement
11. Confidentiality: Protection of confidential information exchanged during the collaboration
12. Indemnification: Mutual indemnification obligations and liability limitations
13. General Provisions: Standard clauses including governing law, dispute resolution, notices, and amendment procedures
1. Marketing and Promotion: Specific requirements for joint marketing activities, budget allocation, and approval processes. Include when parties plan extensive joint marketing campaigns
2. Distribution Rights: Details of distribution channels and restrictions. Include when the agreement involves physical products
3. Digital Rights: Specific provisions for online and digital usage of brands. Include for digital-heavy collaborations
4. International Usage: Specific provisions for international markets and compliance. Include for cross-border arrangements
5. Data Protection: Provisions for handling customer data and compliance with data protection laws. Include when customer data sharing is involved
6. Supply Chain Requirements: Specific requirements for manufacturing and supply chain. Include for product-based co-branding
7. Anti-Corruption Compliance: Detailed anti-corruption and compliance provisions. Include for international deals or regulated industries
8. Force Majeure: Provisions for unforeseen circumstances affecting performance. Include based on risk assessment
1. Brand Guidelines: Detailed specifications for brand usage, including logos, colors, positioning, and size requirements
2. Licensed Products/Services: Comprehensive list of products or services covered under the co-branding arrangement
3. Quality Standards: Detailed quality control specifications and testing procedures
4. Financial Terms: Detailed breakdown of financial arrangements, including royalty calculations and payment schedules
5. Approval Process: Step-by-step procedures for obtaining approvals for marketing materials and brand usage
6. Territory Definition: Detailed description of geographical territories covered by the agreement
7. Key Performance Indicators: Metrics and targets for measuring the success of the co-branding arrangement
8. Contact Details: List of key contacts and escalation matrix for both parties
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