A Brand Management Agreement is essential when a company wishes to delegate the management and development of its brand to professional brand management experts in Indonesia. This document is particularly relevant for both domestic and international companies seeking to establish, maintain, or grow their brand presence in the Indonesian market. The agreement comprehensively covers all aspects of brand management, including but not limited to brand strategy development, marketing activities, digital presence, trademark protection, and compliance with local regulations. It sets out clear parameters for the relationship between the brand owner and the brand management company, establishing responsibilities, performance metrics, and financial arrangements. The document ensures compliance with Indonesian laws, including the Civil Code, trademark regulations, and consumer protection laws, while providing flexibility to accommodate specific brand requirements and market conditions.
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1. Parties: Identification of the brand owner and brand management company
2. Background: Context of the agreement and brief description of the parties' business
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Appointment and Scope: Appointment of brand manager and detailed scope of 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: Ownership, usage rights, and protection of brand IP
9. Fees and Payment Terms: Compensation structure, payment schedule, and related terms
10. Performance Metrics and Reporting: KPIs, reporting requirements, and evaluation criteria
11. Confidentiality: Protection and handling of confidential information
12. Representations and Warranties: Parties' assertions about their capacity and authority
13. Indemnification and Liability: Risk allocation and liability limitations
14. Termination: Grounds for termination and post-termination obligations
15. General Provisions: Standard legal provisions including notices, amendments, governing law
1. International Operations: Additional provisions for cross-border brand management activities
2. Digital and Social Media Management: Specific provisions for online brand presence and social media
3. Sub-contracting: Terms for engaging and managing sub-contractors
4. Multi-brand Management: Provisions for managing multiple brands under the same agreement
5. Crisis Management: Procedures for handling brand-related crises and emergencies
6. Competition Restrictions: Non-compete and exclusivity provisions
7. Local Regulatory Compliance: Specific provisions for compliance with Indonesian regulations
8. Data Protection: Provisions for handling personal data and compliance with privacy laws
1. Schedule 1 - Brand Guidelines: Detailed brand usage guidelines and standards
2. Schedule 2 - Service Level Agreement: Specific performance metrics and service standards
3. Schedule 3 - Fee Structure: Detailed breakdown of fees, commissions, and payment terms
4. Schedule 4 - Approved Sub-contractors: List of pre-approved sub-contractors and their roles
5. Schedule 5 - Brand Assets: Inventory of brand assets covered by the agreement
6. Schedule 6 - Reporting Templates: Standard formats for regular reporting and monitoring
7. Schedule 7 - Territory Specifications: Definition of geographical areas covered by the agreement
8. Schedule 8 - Communication Protocol: Procedures for routine and emergency communications
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