The Testimonial Agreement is essential for businesses operating in Austria who wish to legally and ethically utilize customer or professional endorsements in their marketing materials. This document type has become increasingly important with the rise of digital marketing and stricter privacy regulations in the EU and Austria. The agreement ensures compliance with Austrian civil law, data protection requirements (GDPR and DSG), and advertising standards while providing clear guidelines for testimonial usage. It should be used whenever a company wants to feature customer reviews, expert opinions, or user testimonials in their marketing materials, websites, or social media platforms. The document addresses key aspects such as consent, usage rights, compensation, approval processes, and data protection, making it suitable for various business contexts while maintaining compliance with Austrian legal requirements.
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1. Parties: Identification of the parties: the company seeking the testimonial and the testimonial provider
2. Background: Context of the agreement and brief description of the purpose for obtaining the testimonial
3. Definitions: Key terms used throughout the agreement, including 'Testimonial', 'Marketing Materials', and 'Approved Uses'
4. Testimonial Content and Approval: Details of the testimonial content and the approval process before use
5. Grant of Rights: Express permission to use the testimonial, including any photographs, recordings, or written statements
6. Usage Rights and Limitations: Specific terms regarding how, where, and for how long the testimonial may be used
7. Compensation: Details of any payment or consideration provided for the testimonial
8. Representations and Warranties: Confirmations from the testimonial provider about truthfulness and ownership of content
9. Data Protection and Privacy: Compliance with GDPR and Austrian Data Protection Act requirements
10. Term and Termination: Duration of the agreement and conditions for ending it
11. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction
1. Exclusivity: Restrictions on providing testimonials to competitors, used when exclusivity is required
2. Social Media Rights: Specific provisions for social media usage, needed when testimonial will be used on social platforms
3. Moral Rights Waiver: Waiver of moral rights in jurisdictions where applicable, used for extensive content modification rights
4. Confidentiality: Non-disclosure provisions, included when sensitive information is shared
5. Revocation Rights: Specific conditions under which the testimonial provider can withdraw consent, important for consumer agreements
6. International Usage: Additional provisions for use of testimonial in other countries, needed for international campaigns
1. Schedule 1 - Approved Testimonial Content: The exact approved wording, images, or recordings of the testimonial
2. Schedule 2 - Approved Usage Formats: List of specific marketing materials and formats where testimonial may appear
3. Schedule 3 - Compensation Details: Detailed breakdown of payment terms, amounts, and schedule if applicable
4. Appendix A - Data Processing Terms: Detailed GDPR-compliant data processing terms and privacy information
5. Appendix B - Usage Guidelines: Specific guidelines for how the testimonial may be presented and formatted
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