The Final Pour Part 3: How to Protect Your Brand During an Acquisition

June 25, 2024
Sheri Pape-Blythe
Author

Sheri Pape-Blythe

Years of dedication, innovation and passion have shaped your brand into what it is today. It was hard work bringing it to this point, and your success is a big part of what makes your beverage business so attractive to potential buyers. Maintaining your brand’s integrity and value is paramount as you prepare for an acquisition. But how can you safeguard your brand during this critical transition? Below, we’ve outlined several key strategies to help.

Understand Your Bev-Alc Brand Value

A significant part of the acquisition process is determining your brand value. Both you and the buyer need to assess the brand(s) for its dollar and market value, which involves pulling financial metrics and understanding overall awareness and consumer sentiment. This requires a deep dive into financial data and consumer perceptions. With a three-prong approach, you can get a good, data-backed feel for your brand’s value.

Here’s what you want to look at:

  • Financial evaluation: Analyze your brand’s revenue streams, profitability and growth history and trends, providing a solid foundation for understanding its financial worth.
  • Consumer sentiment: Use surveys, focus groups and social media listening tools to gather insights and data on consumer awareness and feelings toward your brand.
  • Market position: Assess your brand’s market position relative to competitors to understand its unique strengths, differentiators and potential areas for improvement.

Once you have a clear picture of your brand value, you can make plans to ensure that the value trends positively in the future.

Document and Share Brand Goals and Values

Clearly lay out and communicate brand goals and values to any potential buyers. This may include revisiting your vision, mission and core values and ensuring your visual identity standards and brand guidelines are organized and defined. Develop a brand book that effectively documents and communicates your brand’s identity to new owners. Here’s how to do both effectively before advertising your business for sale.

Revise vision and mission statements to align with long-term goals by reflecting on and answering:

  • What is the ultimate goal of your brand? What do you aspire to achieve in the future?
  • What is the purpose of your brand? How do you intend to achieve your vision?
  • What principles guide your brand’s actions and decisions?

Knowing this foundational information can help you create a comprehensive brand book that includes the following:

  • Visual identity standards: Guidelines for logos, color schemes, typography and other visual elements.
  • Brand voice and messaging: Consistent tone and style for communication, including taglines, slogans and key messages.
  • Product and packaging guidelines: Standards for product names, packaging designs and labeling.

Organizing and defining your visual identity standards and brand guidelines now will help to ensure a consistent consumer experience after acquisition.

A group of people are holding bottles of beer in their hands having a picnic.

Safeguard Proprietary Processes and Recipes

Maintaining the quality and consistency of your products post-acquisition is crucial. Your proprietary processes and recipes are the backbone of your brand’s success and must be meticulously cataloged and protected.

Document Proprietary Processes

Thoroughly document all proprietary processes, such as recipes, production methods and quality control measures. Comprehensive documentation provides a playbook for new owners, ensuring they can replicate your products precisely and consistently. Here’s what your documentation should include.

Step-by-Step Instructions

Provide detailed descriptions of each production step, covering all aspects necessary for the replication of your products, including:

  • Ingredient lists: Specify all ingredients used, including quantities, sources and any specific preparation methods required.
  • Equipment used: Detail all equipment needed for production, including brand names, models and settings.
  • Timing and conditions: Outline the precise timing for each step in the process, along with any specific conditions such as temperature, humidity and pressure.

Quality Control Protocols

Establish robust quality control protocols to maintain product quality and ensure that the new ownership adheres to the same high standards.

  • Testing methods: Describe the methods used to test product quality at various stages of production, such as sensory evaluations, chemical analyses, etc.
  • Validation procedures: Explain how you ensure each batch meets quality standards. This might include routine inspections, sample testing and batch records.
  • Compliance standards: The new owner should understand and follow these requirements to maintain product integrity and avoid legal or regulatory issues.

Organize Documentation in a Centralized Database using Beverage ERP Software

Storing all the documentation in a centralized database is crucial for easy access and management. Using beverage ERP software can be particularly effective.

Benefits of a Centralized Database

  • Accessibility: Ensure that all documentation is easily accessible to authorized personnel, facilitating smooth knowledge transfer and training.
  • Security: Protect sensitive information with robust security measures, including encryption and access controls. This prevents unauthorized access and potential leaks of proprietary information.
  • Version control: Implement version control to track changes and updates to documentation. This helps maintain accuracy and ensures that everyone is working with the most current information.

Include Brand Protection Clauses in the Acquisition Contract

Outline expectations in the final contract to guarantee how your brand will be represented in the future. Include specific clauses in the acquisition contract to safeguard brand identity and values. This can include stipulations on how the brand should be represented to ensure that the new owners adhere to the established standards. These contractual protections can help maintain the brand’s integrity and prevent any potential misrepresentation.

Your legal representation will best be able to advise you on what clauses to include. There are myriad decisions to be made, but keep scrolling for some topics to get the wheels turning.

Define Brand Representation Standards

Include specific brand representation clauses in the acquisition contract. These clauses should outline clear expectations for your brand’s management and representation post-acquisition, such as:

  • Consistency in branding: Ensure that the buyer commits to maintaining the core elements of your brand identity, such as logos, color schemes and taglines. This consistency is crucial to preserve brand recognition and loyalty.
  • Marketing and advertising standards: Set guidelines for your brand’s marketing and advertising. This includes the tone of messaging, visual aesthetics and promotion channels.
  • Product quality: Define standards for product quality and production methods to ensure the new owner maintains the same level of excellence that your customers expect.

Intellectual Property Protection

Protecting your intellectual property (IP) is fundamental to preserving brand value. This includes:

  • Trademarks: Ensure that all trademarks are registered and transferred correctly. This protects your brand name, logo and any other distinctive marks from being misused or copied.
  • Patents and trade secrets: If your brand includes patented products or proprietary processes, ensure these are clearly documented and legally protected. This can include specific recipes, production methods or innovative technologies.
  • Copyrights: Protect all creative works associated with your brand, such as product packaging designs, advertising materials and digital content.

Performance Metrics and Reporting

Establishing reporting requirements may seem strange to consider during an exit but think of it this way: metrics and reporting helps ensure the new owner maintains the brand’s standards and adheres to the agreed terms.

  • Key performance indicators (KPIs): Define KPIs that the new owner must meet. These could include sales targets, customer satisfaction levels and brand engagement metrics.
  • Regular reporting: Require regular reporting on these KPIs to monitor performance. This will provide visibility into how the new owner is managing your brand and allow for timely intervention if needed.
  • Audit rights: Include audit rights in the contract, allowing you to periodically review the new owner’s adherence to the brand representation clauses and other contractual terms.
  • Ongoing dialogue: Continuous communication between you and the new owners to address any issues or deviations from the agreed standards.

Dispute Resolution Mechanisms

Finally, having clear dispute resolution mechanisms in place ensures that any disagreements or breaches of contract are handled efficiently and fairly.

  • Arbitration and mediation: Specify that arbitration and mediation are the preferred methods for resolving disputes. These processes are generally faster and less adversarial than court litigation.
  • Jurisdiction and governing law: Clearly define the jurisdiction and governing law that will apply to any disputes. This helps avoid confusion and ensures that any legal issues are resolved under a mutually agreed legal framework.
  • Legal remedies: Outline the legal remedies available in case of a breach, including monetary damages, injunctive relief and specific performance.
A winemaker is holding two bottles of wine in her hands in a tasting room.

Ensure Consistent Customer Communication

Transparent and proactive communication with your customers maintains their loyalty while preserving brand integrity. After all, customers are a key component in your brand’s valuation. Start by developing a comprehensive communication plan that outlines how you will inform your customers about the acquisition. We’ve outlined Ideal components to include below,

Personalized Messaging

Use your CRM system to create personalized messages directly addressing customer concerns and questions. This personal touch can make a significant difference in maintaining customer trust and loyalty. Your messaging strategy should include:

  • Customer segmentation: Tailor your messages to segments based on purchase history, loyalty and engagement.
  • Personalized emails: Address customers by name, acknowledge their loyalty and provide detailed information about the acquisition. Highlight how the acquisition will benefit them and reassure them of the continuity of their favorite products.
  • Targeted outreach: Use CRM data to identify key customers and offer them additional support, such as direct contact with customer service representatives or exclusive updates about the acquisition process.

Multi-Channel Approach

Adopt a multi-channel approach to ensure your communication reaches a broad audience. By using multiple resources and tools, you’ll increase the chance of all customers receiving the information, regardless of their preferred communication platform.

  • Email campaigns: Craft a series of emails that provides detailed information about the acquisition, addresses common questions and offers reassurances about the future of your brand.
  • Social media updates: Create engaging posts highlighting updates and key points and directing followers to more detailed information on your website or via email.
  • Website announcements: Dedicate a section of your website to providing comprehensive information about the acquisition, including FAQs, press releases and a message from the leadership team.
  • Press releases and PR outreach: Control the narrative and ensure consistent messaging across all platforms.

Generally, you’ll want to emphasize your commitment to quality and continuity of service, reassuring customers that your high standards will be maintained and their favorite products will remain available and unchanged. Highlight any steps being taken to preserve the brand’s integrity to further solidify their trust and loyalty.

Securing Your Brand’s Future

Your brand, built on years of hard work and passion, deserves to continue thriving under new ownership. Maintaining your brand’s integrity and value is paramount as you navigate the complexities of an acquisition or merger. The strategies outlined above can help ensure your brand remains strong, recognizable and well-loved long after the sale process is complete.

Ready to take the next step in securing your brand’s future? Contact our team to learn more about how Crafted can help you protect your brand and strengthen your bev-alc business during an acquisition.


Get Caught Up

Discover our entire series on how to prepare for a successful exit strategy from your bev-alc business.

Up next: Read the final post in our 4-part blog series that covers strategies to ease your leadership transition.