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Marketing Services Agreement Template for Switzerland

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Key Requirements PROMPT example:

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."

Document background
The Marketing Services Agreement is essential for businesses engaging external marketing expertise or formalizing internal marketing arrangements in Switzerland. This document is specifically designed to comply with Swiss legal requirements, including the Swiss Code of Obligations and Federal Act against Unfair Competition. It is used when a company needs to engage marketing services, whether for specific campaigns, ongoing marketing support, or comprehensive marketing strategy implementation. The agreement covers crucial aspects such as service scope, deliverables, intellectual property rights, data protection compliance, and performance standards. It's particularly important in the Swiss context due to specific regulatory requirements around marketing practices, data protection, and consumer protection. The document serves as a comprehensive framework for both service providers and clients, ensuring clear understanding of responsibilities, deliverables, and legal compliance requirements.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

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

Relevant legal definitions








































Clauses








































Relevant Industries

Retail

Financial Services

Technology

Healthcare

Consumer Goods

Manufacturing

Professional Services

Entertainment

Tourism

Education

Telecommunications

Real Estate

Automotive

Food and Beverage

Non-Profit

Relevant Teams

Legal

Marketing

Procurement

Compliance

Business Development

Communications

Operations

Finance

Executive Leadership

Brand Management

Digital Marketing

Public Relations

Relevant Roles

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

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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