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Endorsement Agreement Template for Switzerland

A Swiss-law governed agreement that establishes and regulates the relationship between a brand/company and an individual or entity for endorsement services. The document outlines the terms under which the endorser will promote and represent the brand's products or services, including usage rights, compensation, obligations, and compliance with Swiss advertising regulations. It incorporates specific provisions required under Swiss law, particularly the Swiss Code of Obligations, and addresses intellectual property rights, personality rights protection, and marketing compliance requirements unique to the Swiss jurisdiction.

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What is a Endorsement Agreement?

The Endorsement Agreement is essential for businesses operating in Switzerland that wish to engage individuals or entities for brand promotion and endorsement services. This document is particularly relevant in today's market where influencer marketing and celebrity endorsements play a crucial role in brand promotion. The agreement must comply with Swiss law, particularly the Swiss Code of Obligations and Swiss advertising regulations, while protecting both parties' interests. It covers key aspects such as scope of services, compensation, intellectual property rights, approval processes, and termination rights. The document is especially important given Switzerland's strict regulations on advertising claims and personality rights protection, requiring careful consideration of compliance requirements and risk management strategies.

What sections should be included in a Endorsement Agreement?

1. Parties: Identification of the endorser and the company, including their legal status and addresses

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

3. Definitions: Key terms used throughout the agreement, including Products, Territory, Term, and Endorsement Services

4. Appointment and Scope: Terms of appointment and detailed scope of endorsement services

5. Term and Renewal: Duration of the agreement and any renewal provisions

6. Endorsement Obligations: Specific duties and commitments of the endorser

7. Company Obligations: Responsibilities of the company including product provision and support

8. Compensation: Fee structure, payment terms, and any performance-based compensation

9. Intellectual Property Rights: Usage rights, licenses, and protection of trademarks and other IP

10. Approval Rights: Process for approving endorsement content and materials

11. Exclusivity and Restrictions: Competitive restrictions and exclusive rights granted

12. Representations and Warranties: Standard and specific warranties from both parties

13. Morality and Compliance: Behavioral standards and compliance requirements

14. Termination: Termination rights and consequences

15. Confidentiality: Protection of confidential information

16. General Provisions: Standard boilerplate clauses including governing law and jurisdiction

What sections are optional to include in a Endorsement Agreement?

1. Social Media Requirements: Specific provisions for social media engagement and requirements, used when digital promotion is part of the endorsement

2. Personal Appearances: Details of required appearances at events or promotions, included when in-person appearances are part of the deal

3. Product Development: Terms for endorser's involvement in product development or design, used when endorser contributes to product creation

4. International Usage: Specific provisions for multiple territories, included when endorsement extends beyond Switzerland

5. Crisis Management: Procedures for handling PR issues or controversies, important for high-profile endorsements

6. Creative Services: Terms for additional creative input or content creation, used when endorser provides creative services

7. Performance Metrics: Specific KPIs and measurement criteria, included when compensation is performance-based

What schedules should be included in a Endorsement Agreement?

1. Schedule 1 - Endorsement Services: Detailed description of all required endorsement activities and deliverables

2. Schedule 2 - Compensation Details: Detailed breakdown of fees, royalties, and payment structures

3. Schedule 3 - Approved Products: List of products/services covered by the endorsement

4. Schedule 4 - Brand Guidelines: Company's branding requirements and usage guidelines

5. Schedule 5 - Approval Process: Detailed procedures for content approval and timelines

6. Schedule 6 - Territory Specifications: Detailed description of geographical scope and any territory-specific requirements

7. Appendix A - Social Media Guidelines: Specific requirements for social media posts and engagement

8. Appendix B - Personal Appearance Requirements: Details of required appearances, including timing and nature of appearances

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Switzerland

Sector

Marketing

Cost

Free to use

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