The Partner Who Sells for You: Resellers, Dealers, and the Brand You Hand to Someone Else
By Casey Scott McKay ·
A channel programme hands a brand to people the brand owner does not employ, cannot supervise closely, and will eventually want to remove. Every element of that arrangement is a trademark licence with quality control obligations attached. It is also a franchise risk if the structure crosses a threshold, a data question about the customers the partner acquires, and a termination problem nobody drafted. This article works through what a partner is actually licensed to do, the quality control that keeps the licence from being naked, and territory and exclusivity. It then covers co-branding and advertising approvals, the customer data the partner accumulates, and the grey market and diversion problems the channel itself creates. It closes with what has to happen at termination, which is the phase drafted least and needed most.
IP and Technology > General IP | Article | Published 16 February 2024 - Updated 6 February 2026 | Casey Scott McKay - marksy.us
Summary. A channel programme hands a brand to people the brand owner does not employ, cannot supervise closely, and will eventually want to remove. Every element is a trademark licence with quality control obligations, a franchise risk if the structure crosses a threshold, a data question about the customers the partner acquires, and a termination problem nobody drafted. This article works through what a partner is licensed to do, the quality control that keeps the licence from being naked, territory and exclusivity, co-branding approvals, the customer data the partner accumulates, the grey market problems the channel creates, and what has to happen at termination.
Keywords: channel partners · reseller agreements · trademark licence scope · quality control · naked licensing · territory and exclusivity · co-branding approvals · lead and customer data · franchise risk · grey market and diversion · exhaustion · termination and de-identification · domain and search advertising · partner certification · distributor protection statutes
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