The Name Licensing Agreement serves as a crucial legal instrument for businesses seeking to grant or obtain rights to use protected names, trademarks, or brand identities in the Netherlands and potentially broader territories. This document type is essential when a brand owner (licensor) wishes to permit another party (licensee) to use their name while maintaining control over its application and receiving compensation. The agreement must comply with Dutch civil law, the Benelux Convention on Intellectual Property, and relevant EU regulations. It typically includes detailed provisions on usage rights, quality control, financial terms, and termination conditions. This agreement is particularly relevant for franchising, brand expansion, merchandising, and co-branding initiatives where brand value protection is paramount.
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1. Parties: Identification of the Licensor and Licensee, including full legal names, addresses, and registration details
2. Background: Context of the agreement, including ownership of the name and purpose of the licensing arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Name', 'Territory', and 'Term'
4. Grant of License: Specific rights being granted, including scope, exclusivity/non-exclusivity, and territorial limitations
5. Term and Termination: Duration of the license, renewal provisions, and circumstances for termination
6. License Fees: Financial terms including licensing fees, payment schedule, and calculation methods
7. Use of Licensed Name: Guidelines and restrictions on how the licensed name may be used
8. Quality Control: Standards and requirements for maintaining the quality associated with the licensed name
9. Representations and Warranties: Statements of fact and guarantees by both parties regarding their rights and obligations
10. Indemnification: Obligations to protect against and compensate for losses related to the license
11. Confidentiality: Protection of confidential information exchanged during the agreement
12. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
13. General Provisions: Standard contractual provisions including notices, amendments, and assignment
1. Sublicensing Rights: Include when the licensee is permitted to sublicense the name to third parties
2. Marketing and Promotion: Include when specific marketing requirements or restrictions need to be detailed
3. Geographic Restrictions: Include when the license is limited to specific territories or regions
4. Corporate Co-Branding: Include when the license involves use alongside other corporate brands
5. Digital Usage: Include when the license covers online and digital use of the name
6. Audit Rights: Include when the licensor requires rights to audit the licensee's use of the name
7. Insurance Requirements: Include when specific insurance coverage is required for the licensed name use
1. Schedule A - Licensed Name Specifications: Detailed description and specifications of the licensed name, including any associated logos or marks
2. Schedule B - Approved Uses: List of specifically approved uses and applications of the licensed name
3. Schedule C - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
4. Schedule D - Quality Control Guidelines: Specific quality control requirements and procedures
5. Schedule E - Approval Procedures: Process for obtaining approval for new uses of the licensed name
6. Appendix 1 - Style Guide: Technical specifications for name usage, including fonts, colors, and sizing
7. Appendix 2 - Territory Definition: Detailed description of geographic territories covered by the license
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