Brand Usage Agreement

Brand Usage Agreement Template for Netherlands

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Key Requirements PROMPT example:

"I need a Brand Usage Agreement for allowing a Dutch marketing agency to use our tech company's brand assets across the Benelux region for a 2-year campaign starting March 2025, with strict digital usage guidelines and quarterly performance reviews."

Document background

A Brand Usage Agreement is essential when one party wishes to grant another party the right to use its brand assets in the Netherlands and potentially across the EU. This document is particularly crucial in the Dutch market, where strong intellectual property protection combines with EU-wide regulations. The agreement typically covers comprehensive brand usage terms, quality control measures, territorial restrictions, and compliance requirements under Dutch law. It's commonly used in licensing arrangements, franchise operations, partnership agreements, and corporate group structures where brand consistency and protection are paramount. The document must comply with Dutch Civil Code requirements, Benelux trademark regulations, and relevant EU directives, making it a robust instrument for protecting brand integrity while enabling controlled commercial exploitation.

Suggested Sections

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

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

3. Definitions: Detailed definitions of terms used throughout the agreement, including 'Brand', 'Territory', 'Licensed Products', etc.

4. Grant of Rights: Specific rights granted for brand usage, including scope, territory, and any restrictions

5. Term and Renewal: Duration of the agreement and conditions for renewal

6. Quality Control: Standards and requirements for brand usage, including approval processes

7. Brand Guidelines: Mandatory requirements for visual representation and usage of the brand

8. Obligations of the Parties: Specific responsibilities of both brand owner and user

9. Fees and Payment Terms: Financial terms, including usage fees, royalties, and payment schedules

10. Intellectual Property Protection: Provisions for protecting the brand and handling infringement

11. Representations and Warranties: Legal assurances from both parties

12. Termination: Conditions and processes for ending the agreement

13. Post-Termination Obligations: Requirements after agreement ends

14. Confidentiality: Protection of confidential information shared during the agreement

15. Governing Law and Jurisdiction: Legal framework and dispute resolution mechanisms

Optional Sections

1. Sub-licensing Rights: Include when the brand user is permitted to sub-license the brand to third parties

2. Digital Usage: Include specific provisions for digital and social media usage of the brand

3. Co-Branding: Include when the agreement involves combining the licensed brand with other brands

4. Marketing Requirements: Include specific marketing obligations and restrictions

5. Territory-Specific Requirements: Include when brand usage spans multiple jurisdictions

6. Minimum Performance Requirements: Include when the agreement requires minimum sales or usage levels

7. Change of Control: Include provisions for handling ownership changes of either party

8. Force Majeure: Include specific provisions for handling unforeseen circumstances

Suggested Schedules

1. Schedule 1 - Brand Assets: Detailed list and images of all brand elements covered by the agreement

2. Schedule 2 - Brand Guidelines: Comprehensive brand usage guidelines including visual standards, positioning, and tone of voice

3. Schedule 3 - Approved Products/Services: List of products or services for which brand usage is permitted

4. Schedule 4 - Territory Definition: Detailed description of geographical areas where brand usage is permitted

5. Schedule 5 - Fee Structure: Detailed breakdown of all fees, royalties, and payment terms

6. Schedule 6 - Approval Process: Step-by-step process for obtaining approval for brand usage

7. Schedule 7 - Quality Control Standards: Detailed quality requirements and inspection procedures

8. Appendix A - Sample Brand Applications: Examples of approved brand usage in various contexts

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Retail

Consumer Goods

Fashion and Apparel

Technology

Food and Beverage

Entertainment

Sports

Media

Manufacturing

E-commerce

Professional Services

Healthcare

Education

Hospitality

Automotive

Relevant Teams

Legal

Marketing

Brand Management

Commercial

Intellectual Property

Business Development

Compliance

Corporate Affairs

Licensing

Risk Management

Relevant Roles

Legal Counsel

Brand Manager

Licensing Director

Commercial Director

Intellectual Property Manager

Marketing Director

Business Development Manager

Compliance Officer

Chief Legal Officer

Contract Manager

Chief Marketing Officer

Brand Protection Officer

Franchise Manager

Partnership Manager

General Counsel

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