Digital Marketing Agreement for Switzerland

Digital Marketing Agreement Template for Switzerland

A comprehensive agreement governed by Swiss law that establishes the terms and conditions for digital marketing services. This document outlines the scope of digital marketing activities, performance metrics, data protection requirements, and intellectual property rights while ensuring compliance with Swiss federal regulations, including the Federal Data Protection Act and Unfair Competition Act. It addresses key aspects such as service delivery, payment terms, reporting requirements, and the specific obligations of both the marketing service provider and the client.

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What is a Digital Marketing Agreement?

The Digital Marketing Agreement is essential for businesses engaging external marketing services in Switzerland's digital landscape. It is typically used when a company wishes to outsource its digital marketing activities to a specialized agency or service provider. The agreement comprehensively covers various aspects of digital marketing services, including social media management, content creation, SEO, digital advertising, and analytics, while ensuring compliance with Swiss regulations such as data protection laws and advertising standards. This document is particularly important in the current digital age where marketing activities increasingly occur online and require careful consideration of privacy, intellectual property, and performance measurement aspects. The agreement helps establish clear expectations, deliverables, and responsibilities while providing a framework for successful collaboration between the service provider and the client.

What sections should be included in a Digital Marketing Agreement?

1. Parties: Identification of the service provider (digital marketing agency) and the client

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

3. Definitions: Key terms used throughout the agreement, including technical digital marketing terminology

4. Scope of Services: Detailed description of digital marketing services to be provided

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

6. Client Obligations: Client's responsibilities, including provision of materials and approvals

7. Fees and Payment Terms: Pricing structure, payment schedule, and related financial terms

8. Performance Metrics and Reporting: KPIs, reporting requirements, and performance measurement criteria

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

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

11. Confidentiality: Protection of confidential information and trade secrets

12. Term and Termination: Duration of agreement and termination provisions

13. Liability and Indemnification: Limitation of liability and indemnification obligations

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

What sections are optional to include in a Digital Marketing Agreement?

1. Social Media Management: Specific provisions for social media platform management and content creation

2. SEO Services: Detailed terms for search engine optimization services if included

3. Content Creation and Approval: Specific processes for content creation, review, and approval if content creation is part of services

4. Paid Advertising Management: Terms for managing paid advertising campaigns and budgets

5. International Marketing Provisions: Additional terms for cross-border marketing activities

6. Crisis Management: Procedures for handling social media or marketing crises

7. Competitive Restrictions: Non-compete and exclusivity provisions if required

8. White Labeling: Terms for white-label service provision if applicable

What schedules should be included in a Digital Marketing Agreement?

1. Schedule A - Service Description: Detailed breakdown of all digital marketing services covered

2. Schedule B - Fee Schedule: Detailed pricing, payment terms, and cost breakdown

3. Schedule C - Performance Metrics: Specific KPIs and performance targets

4. Schedule D - Approved Platforms: List of digital platforms and channels to be used

5. Schedule E - Data Processing Agreement: Detailed terms for handling personal data in compliance with Swiss law

6. Schedule F - Service Level Agreement: Response times and service level commitments

7. Appendix 1 - Client Brand Guidelines: Client's branding requirements and standards

8. Appendix 2 - Campaign Calendar: Planned marketing activities and timeline

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

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Retail

E-commerce

Financial Services

Technology

Healthcare

Manufacturing

Professional Services

Hospitality

Real Estate

Education

Consumer Goods

Entertainment

Telecommunications

Non-profit

Automotive

Relevant Teams

Marketing

Legal

Procurement

Communications

Digital

Business Development

Compliance

Finance

Brand Management

Operations

Relevant Roles

Marketing Director

Chief Marketing Officer

Digital Marketing Manager

Business Development Manager

Legal Counsel

Procurement Manager

Communications Director

Brand Manager

Social Media Manager

Content Marketing Manager

Marketing Operations Manager

Agency Relations Manager

Chief Digital Officer

Marketing Compliance Officer

Contract Manager

Industries
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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