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Brand Management Agreement for Australia

Brand Management Agreement Template for Australia

A comprehensive legal agreement governed by Australian law that establishes the relationship between a brand owner and a brand management company. The agreement defines the scope of brand management services, including marketing, promotion, and protection of the brand, while ensuring compliance with Australian consumer law, intellectual property legislation, and privacy requirements. It outlines the rights, responsibilities, and obligations of both parties, including quality control measures, performance metrics, financial arrangements, and termination provisions, all within the context of Australian commercial law and business practices.

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Brand Management Agreement

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What is a Brand Management Agreement?

The Brand Management Agreement is a critical commercial document used when a business wants to engage professional brand management services to develop, maintain, or enhance their brand presence. This agreement, structured under Australian law, defines the relationship between the brand owner and the brand management company, establishing clear parameters for brand usage, development, and protection. It includes essential provisions for intellectual property rights, quality control, performance metrics, and compliance with Australian regulatory requirements, including the Trade Marks Act 1995 and Competition and Consumer Act 2010. The agreement is particularly important for businesses looking to outsource their brand management while maintaining control over their brand identity and ensuring professional, consistent brand representation in the market.

What sections should be included in a Brand Management Agreement?

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 and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Appointment and Term: Appointment of brand manager, exclusivity provisions, and duration of the agreement

5. Brand Manager's Rights and Obligations: Detailed scope of services, responsibilities, and authority of the brand manager

6. Brand Owner's Rights and Obligations: Brand owner's responsibilities, including provision of materials and approval rights

7. Brand Guidelines and Quality Control: Standards for brand usage, approval processes, and quality maintenance requirements

8. Intellectual Property Rights: Ownership, usage rights, and protection of brand IP

9. Fees and Payment Terms: Compensation structure, payment schedule, and related financial terms

10. Performance Metrics and Reporting: KPIs, reporting requirements, and performance review process

11. Confidentiality: Protection and handling of confidential information

12. Termination: Termination rights, process, and consequences

13. Post-Termination Obligations: Obligations and restrictions after agreement ends

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

What sections are optional to include in a Brand Management Agreement?

1. Digital Rights Management: Specific provisions for digital brand management, including social media and online presence

2. Sub-contractors: Terms governing the appointment and management of sub-contractors

3. International Brand Management: Additional provisions for managing the brand in multiple jurisdictions

4. Crisis Management: Procedures and responsibilities for managing brand-related crises

5. Data Protection and Privacy: Specific provisions for handling customer data and privacy compliance

6. Brand Ambassador Provisions: Terms relating to the appointment and management of brand ambassadors

7. Marketing Budget and Approval: Detailed provisions regarding marketing budget management and approval processes

What schedules should be included in a Brand Management Agreement?

1. Schedule 1 - Brand Assets: Comprehensive list of brand assets covered by the agreement

2. Schedule 2 - Brand Guidelines: Detailed brand guidelines and usage requirements

3. Schedule 3 - Services Specification: Detailed description of brand management services to be provided

4. Schedule 4 - Fee Structure: Detailed breakdown of fees, commissions, and payment terms

5. Schedule 5 - KPIs and Performance Metrics: Detailed performance metrics and measurement criteria

6. Schedule 6 - Approved Sub-contractors: List of pre-approved sub-contractors (if applicable)

7. Schedule 7 - Territory Definition: Definition of geographical territories covered by the agreement

8. Appendix A - Brand Style Guide: Technical specifications for brand usage

9. Appendix B - Reporting Templates: Standard templates for required reports and performance updates

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

tiktok˰

Sector

Cost

Free to use
Relevant legal definitions





































Clauses



































Relevant Industries

Retail

Consumer Goods

Fashion and Luxury

Food and Beverage

Technology

Entertainment

Sports

Healthcare

Financial Services

Telecommunications

Automotive

Hospitality

Education

Professional Services

Media and Publishing

Relevant Teams

Legal

Marketing

Brand Management

Commercial

Business Development

Compliance

Risk Management

Corporate Communications

Creative Services

Digital Marketing

Public Relations

Relevant Roles

Chief Marketing Officer

Brand Manager

Marketing Director

Commercial Director

Legal Counsel

Intellectual Property Manager

Business Development Manager

Operations Director

Chief Executive Officer

Contract Manager

Marketing Manager

Brand Strategy Director

Creative Director

Compliance Officer

Risk Manager

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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