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Brand Management Agreement Template for New Zealand

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Key Requirements PROMPT example:

Brand Management Agreement

"I need a Brand Management Agreement for my New Zealand-based luxury skincare company, appointing a brand management firm to handle our digital presence and international expansion into Asian markets, with the agreement starting March 2025 and including specific provisions for social media management and e-commerce platforms."

Document background
A Brand Management Agreement is essential when a company wishes to delegate the management and development of its brand to a professional brand management firm. This document, governed by New Zealand law, establishes the legal framework for this delegation, defining the scope of authority, responsibilities, and limitations of the brand manager's role. It addresses crucial aspects such as trademark usage, marketing guidelines, quality control measures, and performance expectations, while ensuring compliance with New Zealand's Trade Marks Act 2002, Fair Trading Act 1986, and other relevant legislation. The agreement is particularly important for companies looking to expand their brand presence while maintaining consistent brand standards and legal protection across various markets.
Suggested Sections

1. Parties: Identification of the brand owner and the brand management company

2. Background: Context of the agreement, including brief description of the brand and purpose of the arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement

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

5. Term and Renewal: Duration of the agreement and renewal provisions

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

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

8. Intellectual Property Rights: Protection and usage rights of brand assets and intellectual property

9. Quality Control and Approval Process: Standards, approval procedures, and quality control mechanisms

10. Performance Metrics and Reporting: KPIs, reporting requirements, and performance evaluation criteria

11. Fees and Payment Terms: Compensation structure, payment schedule, and financial arrangements

12. Confidentiality: Protection of confidential information and trade secrets

13. Termination: Grounds for termination and post-termination obligations

14. General Provisions: Standard legal provisions including governing law, notices, and dispute resolution

Optional Sections

1. International Operations: Required when brand management extends to multiple jurisdictions

2. Digital Brand Management: Specific provisions for social media, online presence, and digital marketing

3. Crisis Management: Procedures for handling brand-related crises and reputation management

4. Sub-contracting: Terms for engaging third-party service providers

5. Data Protection: Detailed privacy and data protection provisions when significant customer data is involved

6. Sustainability Requirements: Environmental and social responsibility requirements for brand management

7. Competition Restrictions: Non-compete and exclusivity provisions where required

Suggested Schedules

1. Schedule 1: Brand Guidelines: Detailed brand guidelines, usage rules, and visual identity specifications

2. Schedule 2: Approved Products and Services: List of products and services covered under the brand management agreement

3. Schedule 3: Fee Structure: Detailed breakdown of fees, commissions, and payment calculations

4. Schedule 4: Performance Metrics: Specific KPIs, targets, and measurement methodologies

5. Schedule 5: Approved Sub-contractors: List of pre-approved third-party service providers

6. Schedule 6: Territory Definition: Detailed description of geographical areas covered by the agreement

7. Schedule 7: Brand Assets: Comprehensive list of trademarks, copyrights, and other brand assets

8. Schedule 8: Reporting Templates: Standard formats for various required reports and updates

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

Retail

Consumer Goods

Fashion and Apparel

Food and Beverage

Technology

Entertainment

Hospitality

Professional Services

Luxury Goods

Sports and Recreation

Media and Publishing

Healthcare

Relevant Teams

Legal

Marketing

Brand Management

Commercial

Intellectual Property

Executive Leadership

Operations

Compliance

Business Development

Relevant Roles

Chief Marketing Officer

Brand Manager

Marketing Director

Legal Counsel

Commercial Director

Brand Protection Manager

Intellectual Property Manager

Chief Executive Officer

Operations Director

Compliance Manager

Marketing Manager

Brand Development Manager

Contract Manager

Business Development Director

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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