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Brand Partnership Agreement for Australia

Brand Partnership Agreement Template for Australia

A comprehensive legal agreement governed by Australian law that establishes and regulates a strategic partnership between two or more parties for the purpose of brand collaboration. The document outlines the terms and conditions for brand usage, intellectual property rights, commercial arrangements, and operational guidelines. It incorporates provisions compliant with Australian competition law, consumer protection regulations, and intellectual property legislation, while establishing clear frameworks for approval processes, quality control, and mutual obligations between the partnering entities.

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Brand Partnership Agreement

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What is a Brand Partnership Agreement?

The Brand Partnership Agreement is a crucial legal document used when two or more parties wish to establish a formal collaboration involving their respective brands in Australia. It is particularly relevant when businesses seek to leverage each other's brand equity, market presence, or expertise for mutual benefit. The agreement addresses key aspects such as brand usage rights, approval processes, commercial terms, and quality control measures, while ensuring compliance with Australian regulatory requirements including the Competition and Consumer Act 2010 and relevant intellectual property laws. This document is essential for protecting both parties' interests, maintaining brand integrity, and creating a clear framework for successful collaboration.

What sections should be included in a Brand Partnership Agreement?

1. Parties: Identification of the parties entering into the agreement, including their legal names, addresses, and company details

2. Background: Context of the partnership, including brief description of each party's business and the purpose of the collaboration

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

4. Term and Termination: Duration of the partnership, renewal options, and circumstances for termination

5. Partnership Scope: Detailed description of the partnership arrangement, including rights and obligations of each party

6. Brand Usage Rights: Terms governing the use of each party's brands, logos, and other intellectual property

7. Approval Process: Procedures for obtaining approval for brand usage, marketing materials, and communications

8. Commercial Terms: Financial arrangements, revenue sharing, payment terms, and commercial obligations

9. Intellectual Property Rights: Protection and ownership of existing and newly created intellectual property

10. Confidentiality: Obligations regarding confidential information shared during the partnership

11. Representations and Warranties: Statements of fact and promises made by each party

12. Liability and Indemnification: Allocation of risks and responsibilities between the parties

13. General Provisions: Standard legal clauses including governing law, notices, and assignment

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

1. Marketing Obligations: Specific marketing commitments, targets, and responsibilities - include when the partnership involves joint marketing activities

2. Quality Control: Standards and processes for maintaining brand quality - include for manufacturing or product-based partnerships

3. Exclusivity: Terms regarding exclusive rights and territorial restrictions - include when exclusive rights are granted

4. Performance Metrics: Specific KPIs and performance requirements - include when the partnership is performance-based

5. Digital Rights: Specific terms for online and social media presence - include for digital-focused partnerships

6. Crisis Management: Procedures for handling PR issues or brand-related crises - include for high-profile partnerships

7. Data Protection: Specific data handling and privacy requirements - include when customer data is shared

8. Staff and Training: Requirements for staff training and brand representation - include for retail or service-based partnerships

What schedules should be included in a Brand Partnership Agreement?

1. Schedule 1 - Brand Guidelines: Detailed brand usage guidelines, including logo specifications, color schemes, and prohibited uses

2. Schedule 2 - Commercial Terms: Detailed breakdown of financial arrangements, including pricing, commission structures, and payment schedules

3. Schedule 3 - Approved Products/Services: List of products or services covered under the partnership

4. Schedule 4 - Territory and Channels: Specification of geographical territories and distribution channels covered by the agreement

5. Schedule 5 - Key Performance Indicators: Detailed metrics and targets for measuring partnership success

6. Schedule 6 - Approval Matrix: Detailed procedures and timeframes for obtaining approvals

7. Appendix A - Marketing Plan: Detailed marketing strategy and implementation plan

8. Appendix B - Contact Details: Key contacts and escalation procedures for both parties

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˰

Cost

Free to use
Relevant legal definitions


















































Clauses










































Relevant Industries

Retail

Consumer Goods

Fashion and Apparel

Food and Beverage

Entertainment

Sports

Technology

Media and Publishing

Automotive

Healthcare

Beauty and Cosmetics

Luxury Goods

E-commerce

Telecommunications

Financial Services

Relevant Teams

Legal

Marketing

Brand Management

Commercial

Business Development

Partnerships

Compliance

Intellectual Property

Corporate Affairs

Operations

Finance

Creative Services

Relevant Roles

Chief Marketing Officer

Brand Manager

Legal Counsel

Commercial Director

Business Development Manager

Partnership Manager

Marketing Director

Licensing Manager

Brand Protection Officer

Chief Commercial Officer

Head of Strategic Partnerships

Intellectual Property Manager

Chief Executive Officer

Brand Compliance Manager

Marketing Operations 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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