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.
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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
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