The Brand Ambassador Contract is a crucial legal instrument used when companies seek to formally engage individuals to represent and promote their brands in Switzerland and potentially internationally. This document is essential in today's marketing landscape where personal branding and influencer marketing play significant roles in consumer engagement. The contract, governed by Swiss law, typically includes detailed provisions on service scope, compensation, brand guidelines, intellectual property rights, and compliance with Swiss advertising and data protection regulations. It's particularly relevant for companies looking to leverage personal influence for brand promotion while protecting their commercial interests and maintaining legal compliance. The agreement can be customized for various types of brand ambassadors, from celebrities and professional athletes to social media influencers and industry experts.
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1. Parties: Identification of the company and the brand ambassador, including full legal names and addresses
2. Background: Context of the agreement, brief description of the company's business and the ambassador's profile
3. Definitions: Key terms used throughout the agreement, including 'Brand Materials', 'Services', 'Territory', etc.
4. Appointment and Scope: Terms of appointment as brand ambassador and detailed scope of services
5. Term and Termination: Duration of the agreement, renewal terms, and termination provisions
6. Ambassador Obligations: Core duties, responsibilities, and performance requirements
7. Company Obligations: Company's commitments, including provision of materials and support
8. Compensation: Payment terms, including base fees, commissions, and performance bonuses
9. Brand Guidelines: Rules for brand representation and usage of company materials
10. Intellectual Property: IP ownership, licenses, and usage rights
11. Confidentiality: Protection of confidential information and trade secrets
12. Exclusivity and Non-Competition: Restrictions on working with competing brands
13. Social Media Policy: Guidelines for social media posts and content creation
14. Representations and Warranties: Mutual assurances and guarantees
15. General Provisions: Standard clauses including governing law, notices, and amendments
1. Morality Clause: Standards of behavior and consequences for misconduct, particularly relevant for high-profile ambassadors
2. Performance Metrics: Specific KPIs and measurement criteria, useful for performance-based contracts
3. International Travel: Terms for international appearances and events, relevant if ambassador duties involve travel
4. Crisis Management: Procedures for handling PR issues or controversies, important for high-risk industries
5. Insurance Requirements: Specific insurance coverage requirements, necessary for high-risk activities
6. Content Creation Rights: Detailed terms for creation and ownership of content, relevant for ambassadors with significant content creation duties
7. Product Allocation: Terms for providing company products to ambassador, relevant when product usage is part of the agreement
8. Influencer-Specific Obligations: Additional requirements for social media influencers, including disclosure requirements
1. Schedule A - Services Description: Detailed breakdown of required services and activities
2. Schedule B - Compensation Structure: Detailed payment terms, commission structures, and bonus schemes
3. Schedule C - Brand Guidelines: Comprehensive brand usage rules and visual identity guidelines
4. Schedule D - Approved Social Media Platforms: List of platforms and specific requirements for each
5. Schedule E - Content Calendar: Timeline and requirements for content creation and posts
6. Schedule F - Approved Products: List of products the ambassador is authorized to promote
7. Appendix 1 - Required Hashtags and Disclosures: Specific language and tags required for social media posts
8. Appendix 2 - Performance Metrics and KPIs: Detailed measurement criteria and targets
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