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Marketing Collaboration Agreement

Marketing Collaboration Agreement Template for Switzerland

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Key Requirements PROMPT example:

Marketing Collaboration Agreement

"I need a Marketing Collaboration Agreement for a partnership between my luxury fashion brand and a social media influencer agency in Switzerland, with specific provisions for content approval rights and brand protection."

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Document background
The Marketing Collaboration Agreement is essential for businesses seeking to establish formal marketing partnerships in Switzerland. This document is particularly relevant when companies wish to combine their marketing efforts, share resources, or create joint promotional campaigns while ensuring compliance with Swiss regulations. It becomes necessary when parties need to clearly define their roles, responsibilities, and rights in joint marketing initiatives, especially regarding brand usage, content creation, and data sharing. The agreement addresses crucial aspects such as intellectual property rights, data protection under Swiss law, financial arrangements, and performance metrics, while ensuring compliance with Swiss competition law and advertising regulations. It's commonly used for co-branding initiatives, joint promotional campaigns, influencer marketing partnerships, and other collaborative marketing efforts where clear terms and conditions are essential for success.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the collaboration and brief description of each party's business

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

4. Scope of Collaboration: Detailed description of the marketing collaboration activities and objectives

5. Roles and Responsibilities: Specific duties and obligations of each party in the collaboration

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

7. Financial Terms: Payment terms, cost sharing, and financial responsibilities

8. Intellectual Property Rights: Ownership and usage rights of marketing materials and branded content

9. Confidentiality: Protection of confidential information exchanged during the collaboration

10. Data Protection and Privacy: Compliance with Swiss data protection laws and handling of personal data

11. Representations and Warranties: Parties' assurances regarding their capacity and authority

12. Liability and Indemnification: Allocation of risks and responsibilities for damages

13. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Marketing Budget: Detailed provisions about budget allocation and management, needed when parties share marketing costs

2. Performance Metrics: Specific KPIs and success metrics, useful for performance-based collaborations

3. Exclusivity: Restrictions on collaborating with competitors, included when exclusive partnership is required

4. Personnel: Provisions regarding dedicated team members, needed when specific personnel are key to the collaboration

5. Insurance: Insurance requirements, important for high-risk marketing activities

6. Compliance with Industry Standards: Specific industry compliance requirements, needed for regulated sectors

7. Third-Party Rights: Provisions regarding involvement of third-party contractors or agencies

8. Territory: Geographic scope limitations, needed for region-specific collaborations

Suggested Schedules

1. Schedule 1 - Marketing Plan: Detailed marketing strategy, campaign timeline, and activities

2. Schedule 2 - Brand Guidelines: Specific requirements for brand usage and visual identity

3. Schedule 3 - Budget Breakdown: Detailed financial planning and cost allocation

4. Schedule 4 - Approved Marketing Materials: Pre-approved templates, content, or materials

5. Schedule 5 - Contact Details: Key personnel and communication protocols

6. Appendix A - Service Level Agreement: Performance standards and response times

7. Appendix B - Data Processing Agreement: Detailed terms for handling personal data in compliance with FADP

8. Appendix C - Compliance Checklist: Regulatory requirements and compliance procedures

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 Materials
Brand Guidelines
Business Day
Campaign
Confidential Information
Content
Collaboration Period
Data Protection Laws
Deliverables
Effective Date
Force Majeure
Intellectual Property Rights
Joint Marketing Activities
Key Performance Indicators
Marketing Budget
Marketing Plan
Marketing Materials
Marketing Territory
Personal Data
Project Manager
Quarter
Revenue Share
Royalties
Services
Social Media Platforms
Target Audience
Term
Third Party
Trade Marks
Working Hours
Year
Advertising Standards
Brand Assets
Campaign Metrics
Digital Platforms
Marketing Channels
Performance Report
Success Metrics
Clauses
Interpretation
Scope of Agreement
Term and Duration
Marketing Obligations
Approval Rights
Brand Usage
Intellectual Property Rights
Data Protection
Confidentiality
Financial Terms
Payment
Performance Standards
Reporting Requirements
Representations and Warranties
Liability and Indemnification
Insurance
Force Majeure
Termination
Anti-Competition
Exclusivity
Compliance with Laws
Marketing Standards
Quality Control
Personnel
Dispute Resolution
Governing Law
Assignment
Notices
Entire Agreement
Severability
Amendment
Counterparts
Third Party Rights
Data Processing
Audit Rights
Social Media Usage
Content Ownership
Marketing Budget
Performance Metrics
Territory Restrictions
Relevant Industries

Retail

Consumer Goods

Technology

Entertainment

Fashion

Food and Beverage

E-commerce

Telecommunications

Financial Services

Healthcare

Travel and Tourism

Sports and Recreation

Media and Publishing

Luxury Goods

Education

Relevant Teams

Marketing

Legal

Business Development

Brand Management

Digital Marketing

Compliance

Commercial Operations

Content Strategy

Partnership Management

Marketing Operations

Relevant Roles

Marketing Director

Chief Marketing Officer

Brand Manager

Marketing Manager

Business Development Manager

Legal Counsel

Commercial Director

Partnership Manager

Digital Marketing Manager

Content Strategy Manager

Marketing Operations Manager

Compliance Officer

Contract Manager

Brand Partnerships Director

Marketing Compliance Manager

Industries
Swiss Code of Obligations (OR): The fundamental law governing contracts in Switzerland, particularly Articles 394-406 relating to agency agreements and service contracts
Federal Act on Cartels and Other Restraints of Competition: Ensures the collaboration doesn't create anti-competitive effects in the market and complies with Swiss competition law
Federal Act on Data Protection (FADP): Regulates the processing and handling of personal data, which is crucial for marketing activities and data sharing between collaborating parties
Federal Act against Unfair Competition (UCA): Governs fair business practices and marketing activities, ensuring advertising and promotional activities are compliant with Swiss law
Federal Act on Copyright and Related Rights: Protects creative works, including marketing materials, advertisements, and other intellectual property created during the collaboration
Federal Act on Trademarks and Indications of Source: Protects trademarks and brand elements used in marketing activities
Federal Act on Radio and Television (RTVA): Regulates advertising on broadcast media if the marketing collaboration includes radio or television advertising
Ordinance on the Indication of Prices (PIO): Ensures compliance with Swiss price disclosure requirements in advertising and marketing materials
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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