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Promotion Agreement Template for Switzerland

A Swiss-law governed Promotion Agreement is a legally binding contract that establishes the terms and conditions under which one party will provide promotional, marketing, or advertising services for another party. This agreement, compliant with Swiss federal laws including the Code of Obligations and Federal Act against Unfair Competition, outlines the scope of promotional activities, compensation terms, performance metrics, and compliance requirements. It includes provisions for intellectual property rights, data protection, and marketing material approvals while ensuring adherence to Swiss advertising and consumer protection regulations.

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What is a Promotion Agreement?

The Promotion Agreement is essential for businesses operating in Switzerland that engage external parties for promotional and marketing activities. This contract type is specifically designed to comply with Swiss federal laws and regulations, including the Swiss Code of Obligations and advertising regulations. It is commonly used when companies need to formalize arrangements with marketing agencies, influencers, brand ambassadors, or promotional service providers. The agreement typically covers crucial aspects such as scope of services, compensation structures, performance metrics, approval processes for marketing materials, and compliance with Swiss marketing and advertising laws. It's particularly important in today's digital age where promotional activities span multiple channels and require clear guidelines for brand representation and consumer protection.

What sections should be included in a Promotion Agreement?

1. Parties: Identification and details of the parties entering into the agreement

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of the promotional activities to be undertaken

5. Rights and Obligations: Specific responsibilities and rights of each party

6. Compensation: Payment terms, fees, and any performance-based compensation

7. Term and Duration: Period of the agreement and renewal terms

8. Termination: Conditions and process for terminating the agreement

9. Confidentiality: Protection of confidential information and trade secrets

10. Compliance: Adherence to relevant laws and regulations

11. Liability and Indemnification: Allocation of risks and responsibilities between parties

12. General Provisions: Standard contractual clauses including governing law, jurisdiction, and notices

What sections are optional to include in a Promotion Agreement?

1. Intellectual Property Rights: Used when the promotion involves creation or use of intellectual property

2. Performance Metrics: Include when specific KPIs or performance targets are part of the agreement

3. Territory and Exclusivity: When the promotion is limited to specific geographic areas or includes exclusive rights

4. Data Protection: Required when personal data processing is involved in promotional activities

5. Marketing Materials Approval: When specific approval processes for promotional materials are needed

6. Non-Compete: Used when restrictions on promoting competing products/services are required

7. Insurance: When specific insurance coverage is required for promotional activities

8. Force Majeure: When specific provisions for unforeseen circumstances are needed

What schedules should be included in a Promotion Agreement?

1. Schedule 1 - Scope of Promotional Services: Detailed description of all promotional activities and deliverables

2. Schedule 2 - Compensation Structure: Detailed breakdown of fees, commission rates, and payment terms

3. Schedule 3 - Brand Guidelines: Guidelines for using the company's branding and marketing materials

4. Schedule 4 - Performance Metrics: Detailed KPIs and measurement criteria

5. Schedule 5 - Approved Marketing Materials: List of pre-approved promotional materials and templates

6. Schedule 6 - Territory Map: Detailed description or map of promotional territory if geographically limited

7. Schedule 7 - Compliance Requirements: Specific regulatory requirements and compliance procedures

8. Schedule 8 - Contact Details: Key contacts and escalation procedures for both parties

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

Document Type

Agreement Contract

Cost

Free to use

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