Brand Collaboration Agreement (UK)
Brand collaboration agreement for co-branded marketing and products in the UK
BRAND COLLABORATION AGREEMENT
PARTIES
This Agreement is dated [effective date] and is made between:
(1) [full legal name of the first brand], a company incorporated in England and Wales with company number [company number of the first brand], whose registered office is at [registered address of the first brand] (the "First Brand"); and
(2) [full legal name of the second brand], a company incorporated in [jurisdiction of incorporation of the second brand] with company number [company number of the second brand], whose registered office is at [registered address of the second brand] (the "Second Brand"),
each a "Party" and together the "Parties".
BACKGROUND
(A) The First Brand is engaged in the business of [description of the first brand's business].
(B) The Second Brand is engaged in the business of [description of the second brand's business].
(C) The Parties wish to collaborate on a co-branded initiative as further described in this Agreement, on the terms set out below.
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement, unless the context otherwise requires, the following terms have the meanings given to them below:
"Background IP" means all Intellectual Property Rights owned by a Party prior to the date of this Agreement, or developed by a Party independently of the Collaboration.
"Brand Materials" means each Party's trade marks, logos, brand names, trade dress, designs, slogans, imagery, and any other proprietary branding elements as notified by that Party to the other from time to time.
"Business Day" means a day other than a Saturday, Sunday, or public holiday in England and Wales.
"Collaboration" means the co-branded campaign, product, initiative, or project described in Schedule 1 (Key Commercial Terms).
"Collaboration IP" means all Intellectual Property Rights created jointly by or on behalf of both Parties in the course of the Collaboration.
"Collaboration Materials" means all creative assets, content, campaigns, products, and other deliverables produced pursuant to this Agreement.
"Confidential Information" means all information disclosed by one Party to the other that is designated as confidential or that a reasonable person would understand to be confidential given its nature, but excludes information that: (a) is or becomes publicly available other than through a breach of this Agreement; (b) was already lawfully known to the receiving Party; or (c) is independently developed by the receiving Party without reference to the disclosing Party's Confidential Information.
"Intellectual Property Rights" means patents, trade marks, service marks, registered designs, copyrights, database rights, design rights, rights in trade secrets, domain names, and all other intellectual property rights of any kind, whether registered or unregistered, and all applications for the foregoing.
"Term" has the meaning given in Clause 9.
"Territory" means [territory].
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England & Wales note
This version is drafted for England & Wales. Scotland and Northern Ireland differ on some points — for example notice periods and tribunal procedure. Tell GitLaw where you hire and it adjusts the draft.
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