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Digital Marketing Contract

Digital Marketing Contract Template for Switzerland

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Key Requirements PROMPT example:

Digital Marketing Contract

"I need a Digital Marketing Contract under Swiss law for my e-commerce company, focusing primarily on social media management and SEO services, with specific provisions for handling customer data across multiple European markets."

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Document background
The Digital Marketing Contract serves as a crucial legal framework for businesses engaging digital marketing services in Switzerland. This document is essential when companies seek to formalize their digital marketing relationships, whether with agencies or independent service providers. It comprehensively covers service scope, deliverables, data protection requirements (particularly under Swiss Federal Data Protection Act), intellectual property rights, and performance metrics. The contract is specifically designed to comply with Swiss legal requirements while accommodating modern digital marketing practices, including social media management, content creation, and digital advertising. It's particularly relevant for businesses operating in Switzerland's multilingual environment and those engaging in cross-border digital marketing activities while maintaining compliance with Swiss regulations.
Suggested Sections

1. Parties: Identification of the service provider (digital marketing agency) and the client, including full legal names, addresses, and registration details

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

3. Definitions: Definitions of key terms used throughout the contract, including technical digital marketing terminology

4. Scope of Services: Detailed description of digital marketing services to be provided, including specific channels and activities

5. Service Provider Obligations: Specific responsibilities and commitments of the digital marketing agency

6. Client Obligations: Client's responsibilities, including provision of materials, approvals, and access to necessary accounts

7. Data Protection and Privacy: Compliance with Swiss Federal Data Protection Act and handling of personal data

8. Intellectual Property Rights: Ownership and usage rights of created content, campaigns, and materials

9. Compensation and Payment Terms: Fee structure, payment schedule, and invoicing procedures

10. Term and Termination: Duration of the agreement and conditions for termination

11. Confidentiality: Protection of confidential information and trade secrets

12. Performance Metrics and Reporting: KPIs, reporting requirements, and performance evaluation criteria

13. Warranties and Indemnities: Guarantees provided by both parties and indemnification provisions

14. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction for dispute resolution

Optional Sections

1. Social Media Management: Specific terms for social media account management and content creation, used when social media services are included

2. Search Engine Optimization: Detailed terms for SEO services, including methodologies and restrictions, when SEO is part of the scope

3. Content Creation and Approval: Specific processes for content creation, approval workflows, and revisions when content creation is a key service

4. Influencer Marketing: Terms governing influencer collaboration and management when influencer marketing is included

5. Crisis Management: Procedures for handling digital marketing crises and reputation management issues

6. Third-Party Tools and Services: Terms regarding the use of third-party marketing tools and platforms

7. International Marketing Provisions: Additional terms for cross-border marketing activities when targeting multiple jurisdictions

Suggested Schedules

1. Schedule A - Service Level Agreement: Detailed specifications of service levels, response times, and performance standards

2. Schedule B - Fee Schedule: Detailed breakdown of fees, pricing structures, and payment terms

3. Schedule C - Campaign Specifications: Specific details of planned marketing campaigns and deliverables

4. Schedule D - Approved Marketing Channels: List of approved marketing channels and platforms

5. Schedule E - Data Processing Agreement: Detailed terms for personal data processing in compliance with Swiss data protection laws

6. Appendix 1 - Brand Guidelines: Client's brand guidelines and requirements for marketing materials

7. Appendix 2 - Reporting Templates: Templates and formats for regular performance reporting

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Laws
Approved Marketing Channels
Brand Guidelines
Campaign
Client
Client Materials
Confidential Information
Content
Deliverables
Digital Assets
Digital Marketing Services
Effective Date
Force Majeure
Intellectual Property Rights
Key Performance Indicators (KPIs)
Marketing Strategy
Personal Data
Platform
Project Timeline
Reporting Period
Service Level Agreement
Service Provider
Services
Social Media Accounts
Target Audience
Term
Territory
Third-Party Tools
User Data
Website
Work Product
Campaign Budget
Analytics
Metrics
Data Protection Laws
Marketing Materials
Performance Reports
Response Time
Service Credits
Clauses
Scope of Services
Service Levels
Performance Standards
Data Protection
Privacy
Intellectual Property
Confidentiality
Payment Terms
Service Provider Obligations
Client Obligations
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Subcontracting
Compliance with Laws
Dispute Resolution
Governing Law
Content Rights
Marketing Standards
Reporting Requirements
Account Access
Third-Party Services
Change Control
Audit Rights
Insurance
Non-Solicitation
Notices
Entire Agreement
Severability
Competition
Performance Metrics
Service Credits
Brand Protection
Digital Asset Management
Social Media Management
Crisis Management
Relevant Industries

E-commerce

Retail

Financial Services

Technology

Healthcare

Education

Manufacturing

Professional Services

Tourism and Hospitality

Consumer Goods

Telecommunications

Media and Entertainment

Relevant Teams

Marketing

Legal

Procurement

Compliance

Digital Operations

Brand Management

Content Creation

Social Media

Business Development

Risk Management

Relevant Roles

Marketing Director

Digital Marketing Manager

Chief Marketing Officer

Legal Counsel

Data Protection Officer

Procurement Manager

Business Development Manager

Brand Manager

Content Marketing Manager

Social Media Manager

Digital Strategy Director

Marketing Operations Manager

Compliance Officer

Contract Manager

Industries
Swiss Federal Data Protection Act (FADP/DSG): Governs the collection, processing, and storage of personal data, crucial for digital marketing activities and customer data handling
Swiss Federal Act against Unfair Competition (UWG): Regulates fair business practices, advertising standards, and marketing communications to prevent misleading or aggressive marketing tactics
Swiss Code of Obligations (OR): Primary source of contract law in Switzerland, governing formation, execution, and termination of contracts
Federal Act on Electronic Commerce: Regulates online business activities, including digital marketing and e-commerce transactions
Federal Act on Copyright and Related Rights: Protects intellectual property rights in creative content used in digital marketing campaigns
Swiss Telecommunications Act: Relevant for digital communications and marketing through telecommunications channels
Federal Act on the Implementation of International Sanctions: Important for ensuring compliance with international restrictions that might affect digital marketing activities
Swiss Criminal Code Art. 146 (fraud) and Art. 3 UWG: Provisions against fraudulent advertising and deceptive marketing practices
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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