The Co-Branding License Agreement is essential for businesses seeking to collaborate through shared branding initiatives in the Philippines. This document is typically used when two or more established brands wish to combine their market presence and brand equity to create mutual benefit through joint product offerings, marketing campaigns, or services. The agreement must comply with Philippine regulatory requirements, particularly the Intellectual Property Code (Republic Act No. 8293) and the Philippine Competition Act. It covers crucial aspects such as brand usage rights, quality control standards, revenue sharing, approval processes, and termination provisions. The document is particularly important in the Philippine market where brand partnerships are increasingly common and require careful structuring to protect intellectual property rights while maximizing commercial opportunities.
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1. Parties: Identification of the contracting parties, including full legal names, addresses, and company registration details
2. Background: Context of the agreement, brief description of each party's business, and purpose of the co-branding relationship
3. Definitions: Detailed definitions of key terms used throughout the agreement, including specific brand assets and licensed materials
4. Grant of License: Scope and nature of the license granted, including territory, exclusivity terms, and permitted uses of branded materials
5. Term and Termination: Duration of the agreement, renewal terms, and circumstances for termination
6. Brand Usage Guidelines: Specific requirements for using each party's brands, including size, placement, and context restrictions
7. Quality Control: Standards for product/service quality, approval processes for branded materials, and quality monitoring procedures
8. Intellectual Property Rights: Ownership declarations, protection of IP rights, and handling of infringement
9. Financial Terms: Payment terms, royalties, revenue sharing arrangements, and financial reporting requirements
10. Representations and Warranties: Each party's assertions regarding their rights, authority, and brand ownership
11. Confidentiality: Protection of confidential information exchanged during the co-branding relationship
12. Indemnification: Mutual indemnification obligations and liability limitations
13. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law
14. General Provisions: Standard boilerplate clauses including notices, assignment, and amendment procedures
1. Joint Marketing Activities: Details of collaborative marketing efforts, including budget allocation and approval processes. Include when parties plan specific joint marketing initiatives.
2. Digital Rights and Social Media: Specific provisions for online and social media brand usage. Include when digital presence is a significant component of the co-branding strategy.
3. Territory-Specific Requirements: Special provisions for different geographical markets. Include when the agreement covers multiple jurisdictions with varying requirements.
4. Product Development: Process for developing co-branded products. Include when the agreement involves creation of new products rather than just marketing.
5. Sales Targets: Minimum performance requirements and consequences. Include when the agreement is performance-dependent.
6. Distribution Channels: Specific requirements for different distribution channels. Include when multiple distribution methods are involved.
7. Crisis Management: Procedures for handling brand-related crises or negative publicity. Include for high-profile or sensitive brand collaborations.
1. Schedule 1: Licensed Marks: Detailed list and images of all trademarks, logos, and brand elements covered by the agreement
2. Schedule 2: Brand Guidelines: Comprehensive brand usage guidelines, including color specifications, positioning requirements, and prohibited uses
3. Schedule 3: Approved Products/Services: List of specific products or services covered under the co-branding arrangement
4. Schedule 4: Quality Standards: Detailed quality control specifications and testing requirements
5. Schedule 5: Financial Terms: Detailed breakdown of payment terms, royalty calculations, and reporting templates
6. Schedule 6: Approval Procedures: Step-by-step processes for obtaining approvals for branded materials
7. Schedule 7: Key Performance Indicators: Specific metrics for measuring the success of the co-branding relationship
8. Appendix A: Contact Details: List of key contacts and their roles for both parties
9. Appendix B: Sample Approval Forms: Templates for various approval requests and reporting forms
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