‘Pivoting’ could save your business in the COVID-19 pandemic

COVID-19, Contracts, Intellectual Property, Business Planning

It is undoubtedly a tough time for retailers and businesses in the wake of the coronavirus (COVID-19) pandemic.

Focusing on online sales are a given. But have you considered ‘pivoting’ to a different business process, in order to save costs and share resources?

Many retailers have elected to, or have had no choice but to, close up shop and focus efforts on online sales in order to keep afloat. With low foot traffic, high rent payments and staffing expenses, brick and mortar just isn’t a viable or cost-effective option for most.

One example of a great way that retailers can ‘pivot’ is to enter into a co-branding arrangement for deliveries. This is an arrangement where one brand works with other to share delivery responsibilities and offer a new, potentially bundled, product to customers.

Checklist to pivot to co-brand deliveries

  1. Who is responsible for taking the orders?
  2. Will the arrangement be under new brand or the existing brands?
    • If it is a new brand, consider obtaining a trade mark.
    • If it will be using the existing brands, you will need a short license agreement to protect use of your brand and related intellectual property.
  3. Who is responsible for delivery and logistics?
    • If it is shared responsibility, what percentage will be shared?
    • Who will pay for any insurance required?
    • Note there may be liability for product storage and handling, especially in relation to perishables.
  4. How will payment be made (and who will it be made to by the customer?)
  5. How will the parties market the new offering, are there any minimum marketing activities that need to be conducted by each party (such as a website banner or social media posts)

We highly recommend entering into a Short-term Pivot Agreement to outline these responsibilities and to clarify any methods in which to terminate the agreement if it is not working out.

If you would like to know more about how to pivot to co-brand deliveries or would like assistance in considering alternative approaches to deal with the COVID-19 situation, please do not hesitate to contact us at or give us a call on 1300 033 934 for a no-obligation quote.