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Marketing Agency Contract

Marketing Agency Contract Template for Switzerland

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Key Requirements PROMPT example:

Marketing Agency Contract

"I need a Marketing Agency Contract under Swiss law for a digital marketing agency providing social media management and SEO services to a fintech startup, with strict data protection clauses and monthly performance reporting requirements starting March 2025."

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Document background
This Marketing Agency Contract is designed for use in Switzerland when engaging professional marketing services. It serves as a comprehensive legal framework that governs the relationship between a marketing agency and its clients, incorporating specific requirements under Swiss law, particularly the Code of Obligations and data protection regulations. The document is essential when establishing a formal marketing service relationship, whether for digital marketing, traditional advertising, or integrated marketing campaigns. It includes detailed provisions for service scope, deliverables, intellectual property rights, data handling, payment terms, and performance metrics, while ensuring compliance with Swiss advertising and competition laws. The contract is particularly important in protecting both parties' interests while facilitating clear communication and expectations in marketing service delivery.
Suggested Sections

1. Parties: Identification of the marketing agency and the client, including full legal names and addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement, including marketing-specific terminology

4. Scope of Services: Detailed description of marketing services to be provided by the agency

5. Term and Termination: Duration of the agreement and conditions for termination

6. Fees and Payment Terms: Compensation structure, payment schedule, and expenses policy

7. Intellectual Property Rights: Ownership and licensing of marketing materials and creative works

8. Confidentiality: Protection of confidential information and trade secrets

9. Data Protection and Privacy: Compliance with Swiss data protection laws and handling of personal data

10. Client Obligations: Client's responsibilities, including provision of materials and approvals

11. Agency Obligations: Agency's commitments, standards of service, and deliverables

12. Warranties and Representations: Guarantees regarding service quality and compliance with laws

13. Limitation of Liability: Limits on agency's liability and indemnification provisions

14. Force Majeure: Provisions for unforeseen circumstances affecting performance

15. General Provisions: Standard clauses including notices, amendments, and governing law

Optional Sections

1. Social Media Management: Specific terms for social media marketing services, including account access and content approval processes

2. SEO Services: Terms specific to search engine optimization services and performance metrics

3. Content Creation: Details regarding content creation, approval processes, and usage rights

4. Performance Metrics: KPIs and performance measurement criteria for marketing campaigns

5. Third-Party Vendors: Terms governing the use of third-party services or tools

6. Client Branding Guidelines: Requirements for adherence to client's brand standards

7. Territory and Exclusivity: Geographic scope and any exclusivity arrangements

8. Staff Assignment: Terms regarding key personnel and team allocation

9. Compliance with Industry Standards: Specific compliance requirements for regulated industries

Suggested Schedules

1. Schedule A - Scope of Services: Detailed breakdown of specific marketing services and deliverables

2. Schedule B - Fee Schedule: Detailed pricing structure, rates, and payment terms

3. Schedule C - Service Level Agreement: Performance standards, response times, and quality metrics

4. Schedule D - Approved Subcontractors: List of pre-approved third-party vendors or subcontractors

5. Schedule E - Campaign Timeline: Project timelines and milestone dates

6. Appendix 1 - Brand Guidelines: Client's branding requirements and style guide

7. Appendix 2 - Reporting Templates: Standard formats for performance reporting and analytics

8. Appendix 3 - Data Processing Agreement: Detailed terms for handling personal data in compliance with Swiss law

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions













































Clauses










































Relevant Industries

Retail

Financial Services

Technology

Healthcare

Consumer Goods

Professional Services

Entertainment

Education

Manufacturing

Hospitality

E-commerce

Real Estate

Telecommunications

Automotive

Non-Profit

Relevant Teams

Legal

Marketing

Procurement

Finance

Operations

Compliance

Communications

Brand Management

Digital Marketing

Business Development

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Legal Counsel

Procurement Manager

Agency Director

Account Manager

Creative Director

Digital Marketing Manager

Communications Manager

Business Development Manager

Compliance Officer

Contract Manager

Finance Director

Operations Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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