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Marketing Services Agreement
"I need a Marketing Services Agreement under Swiss law for a digital marketing agency providing social media management and online advertising services to a fintech startup, with specific provisions for data protection and financial services marketing compliance."
1. Parties: Identification of the service provider and 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 Services, Deliverables, and Campaign
4. Scope of Services: Detailed description of marketing services to be provided, including specific campaigns and deliverables
5. Service Provider's Obligations: Key responsibilities and commitments of the marketing service provider
6. Client's Obligations: Client's responsibilities, including provision of materials and approvals
7. Fees and Payment Terms: Compensation structure, payment schedule, and expenses
8. Intellectual Property Rights: Ownership and licensing of marketing materials and creative works
9. Data Protection and Privacy: Compliance with Swiss data protection laws and handling of personal data
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration of agreement and termination provisions
12. Liability and Indemnification: Limitation of liability and indemnification obligations
13. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Performance Metrics: Specific KPIs and performance standards, used when measurable outcomes are required
2. Compliance with Industry Standards: Additional compliance requirements for specific industries (e.g., financial services, healthcare)
3. Subcontractors: Terms for engaging third-party service providers, if subcontracting is permitted
4. Non-Competition: Restrictions on working with competitors, if exclusivity is required
5. Insurance: Specific insurance requirements for high-value or high-risk marketing activities
6. Crisis Management: Procedures for handling marketing-related crises or reputation issues
7. International Marketing: Additional provisions for cross-border marketing activities
1. Schedule 1 - Scope of Services: Detailed breakdown of marketing services, campaigns, and deliverables
2. Schedule 2 - Fee Schedule: Detailed pricing, payment terms, and expense categories
3. Schedule 3 - Service Levels: Performance metrics, response times, and quality standards
4. Schedule 4 - Approved Subcontractors: List of pre-approved third-party service providers
5. Schedule 5 - Brand Guidelines: Client's branding requirements and usage guidelines
6. Appendix A - Data Processing Agreement: Detailed terms for handling personal data in compliance with Swiss law
7. Appendix B - Campaign Calendar: Timeline and schedule for marketing activities and deliverables
Authors
Retail
Financial Services
Technology
Healthcare
Consumer Goods
Manufacturing
Professional Services
Entertainment
Tourism
Education
Telecommunications
Real Estate
Automotive
Food and Beverage
Non-Profit
Legal
Marketing
Procurement
Compliance
Business Development
Communications
Operations
Finance
Executive Leadership
Brand Management
Digital Marketing
Public Relations
Chief Marketing Officer
Marketing Director
Brand Manager
Marketing Manager
Legal Counsel
Procurement Manager
Contract Manager
Business Development Director
Agency Account Manager
Marketing Consultant
Compliance Officer
Chief Executive Officer
Chief Operating Officer
Digital Marketing Manager
Head of Communications
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