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Testimonial Agreement

Testimonial Agreement Template for Switzerland

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Key Requirements PROMPT example:

Testimonial Agreement

"I need a Testimonial Agreement under Swiss law for our SaaS company, where we'll be collecting ongoing client testimonials throughout 2025 with exclusive usage rights and the ability to use them across all our digital marketing channels and social media platforms."

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Document background
The Testimonial Agreement is essential for businesses operating in Switzerland that wish to utilize customer, client, or expert endorsements in their marketing materials. This document becomes necessary when a company seeks to formally document and obtain rights to use statements, reviews, or endorsements from satisfied customers, industry experts, or business partners. The agreement ensures compliance with Swiss legal requirements, particularly the Federal Act against Unfair Competition (UWG) and personality rights protection under the Swiss Civil Code. It covers crucial aspects such as usage rights, approval processes, duration, and any compensation terms, while also addressing data protection requirements under Swiss law. The Testimonial Agreement is particularly important in today's digital marketing landscape, where endorsements play a significant role in building credibility and trust.
Suggested Sections

1. Parties: Identification of the company seeking the testimonial and the individual/entity providing it

2. Background: Context of the relationship and purpose of the testimonial arrangement

3. Definitions: Key terms used throughout the agreement including 'Testimonial', 'Marketing Materials', 'Approved Usage', etc.

4. Testimonial Content and Approval: Details of the testimonial content and approval process before use

5. Grant of Rights: The specific rights granted for using the testimonial, including usage scope and territories

6. Usage Restrictions: Limitations on how the testimonial may be used and any prohibited uses

7. Representations and Warranties: Confirming authenticity of testimonial and authority to provide it

8. Duration and Termination: Term of the agreement and conditions for ending it

9. Privacy and Data Protection: Compliance with Swiss data protection laws regarding personal information

10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

Optional Sections

1. Compensation: Terms of payment if the testimonial is not provided gratuitously

2. Exclusivity: If the testimonial provider is restricted from providing testimonials to competitors

3. Social Media Usage: Specific terms for social media deployment of testimonials

4. Photography and Filming: When testimonial includes photo shoots or video recording

5. Morality Clause: Right to terminate if provider's reputation becomes compromised

6. International Usage: For testimonials intended for use in multiple countries

Suggested Schedules

1. Schedule 1 - Approved Testimonial Content: The exact approved wording/content of the testimonial

2. Schedule 2 - Approved Usage Formats: Specific formats and contexts where testimonial may appear

3. Schedule 3 - Approval Process: Detailed steps for content approval and revision

4. Schedule 4 - Compensation Details: If applicable, detailed payment terms and schedule

5. Appendix A - Brand Guidelines: Company's branding requirements for testimonial presentation

6. Appendix B - Approved Images: Any photographs or images approved for use with testimonial

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
Testimonial
Marketing Materials
Approved Content
Usage Period
Territory
Approved Media
Company
Provider
Intellectual Property Rights
Personal Data
Confidential Information
Approval Process
Brand Guidelines
Usage Rights
Social Media
Digital Platforms
Marketing Campaign
Compensation
Personality Rights
Endorsement
Publication Date
Revisions
Associated Materials
Approved Format
Commercial Purpose
Marketing Channels
Advertising Materials
Review Period
Termination Date
Permitted Uses
Promotional Materials
Content Guidelines
Delivery Date
Associated Images
Verification Process
Clauses
Definitions
Grant of Rights
Usage Rights
Approval Process
Content Requirements
Representations and Warranties
Confidentiality
Data Protection
Intellectual Property
Term and Termination
Compensation
Publicity Rights
Marketing Restrictions
Media Rights
Moral Rights
Amendment and Modification
Assignment
Entire Agreement
Force Majeure
Governing Law
Indemnification
Liability
Notices
Severability
Social Media Usage
Exclusivity
Authenticity Requirements
Revocation Rights
Dispute Resolution
Survival
Relevant Industries

Retail

Professional Services

Technology

Healthcare

Financial Services

Education

Consumer Goods

Manufacturing

Entertainment

Hospitality

E-commerce

Consulting

Software

Real Estate

Relevant Teams

Legal

Marketing

Business Development

Communications

Compliance

Public Relations

Digital Marketing

Customer Success

Sales

Brand Management

Content

Social Media

Relevant Roles

Marketing Manager

Legal Counsel

Business Development Director

Brand Manager

Communications Director

Compliance Officer

Public Relations Manager

Digital Marketing Manager

Customer Success Manager

Sales Director

Chief Marketing Officer

General Counsel

Content Manager

Social Media Manager

Industries
Swiss Civil Code (ZGB) Art. 27-28: Provisions regarding protection of personality rights, which are crucial for testimonial usage and personal endorsements
Federal Act against Unfair Competition (UWG): Regulates advertising practices and prevents misleading marketing, ensuring testimonials are truthful and not deceptive
Swiss Code of Obligations (OR) Art. 1-40: Basic contract law provisions governing formation and execution of agreements
Federal Act on Data Protection (FADP): Regulations concerning the collection, processing, and use of personal data in testimonials
Swiss Federal Act on Consumer Information: Guidelines for consumer protection and transparency in advertising and marketing communications
ICC Advertising and Marketing Communications Code: International guidelines for ethical advertising practices, including use of testimonials and endorsements
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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