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Media Agency Agreement
I need a Media Agency Agreement under Swiss law for a luxury watch brand engaging a digital-focused media agency for social media and programmatic advertising services, with the agreement starting January 2025 and including strict brand protection and exclusivity provisions.
1. Parties: Identification of the Media Agency and the Client, including full legal names and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement, including Media Services, Campaign, Media Buy, etc.
4. Appointment and Scope of Services: Formal appointment of the agency and detailed description of core services to be provided
5. Agency's Obligations: Core responsibilities including media planning, buying, reporting, and performance monitoring
6. Client's Obligations: Client's responsibilities including providing briefs, approvals, and necessary information
7. Approval Process: Procedures for obtaining client approval on media plans, buys, and creative content
8. Fees and Payment Terms: Agency compensation structure, payment schedules, and handling of media costs
9. Intellectual Property Rights: Ownership and usage rights of campaign materials and creative content
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: Compliance with Swiss data protection laws and handling of personal data
12. Term and Termination: Duration of agreement and conditions for termination
13. Liability and Indemnification: Limitations of liability and indemnification obligations
14. General Provisions: Standard clauses including notices, assignment, entire agreement, and governing law
1. Digital Media Services: Detailed provisions for digital advertising, programmatic buying, and online analytics - include when digital services are a significant part of the scope
2. Performance Metrics: Specific KPIs and performance measurement criteria - include when performance-based compensation is part of the agreement
3. Exclusivity: Terms regarding exclusive agency appointment - include when agency is to be the exclusive media partner
4. International Services: Provisions for cross-border media services - include when campaigns span multiple countries
5. Compliance with Industry Standards: Adherence to specific industry standards and certifications - include for regulated industries
6. Staff and Resources: Dedicated team requirements and resource allocation - include for large-scale engagements
7. Crisis Management: Procedures for handling media crises and emergency responses - include for high-profile clients
8. Audit Rights: Client's rights to audit agency's media buying and financial records - include for high-value contracts
1. Schedule 1 - Scope of Services: Detailed breakdown of all media services to be provided
2. Schedule 2 - Fee Structure: Comprehensive fee schedule including commission rates, hourly rates, and any performance-based fees
3. Schedule 3 - Service Level Agreement: Specific performance standards, response times, and service metrics
4. Schedule 4 - Approved Media Vendors: List of pre-approved media vendors and platforms
5. Schedule 5 - Reporting Templates: Standard formats for campaign performance and financial reporting
6. Schedule 6 - Key Personnel: List of key team members and their roles
7. Appendix A - Campaign Brief Template: Standard template for client campaign briefs
8. Appendix B - Approval Forms: Standard forms for obtaining client approval on media plans and buys
Authors
Agreement
Advertising Materials
Approved Media Plan
Approved Media Vendors
Agency Fees
Affiliate
Advertising Standards
Agency Services
Budget
Campaign
Client
Client Materials
Commencement Date
Confidential Information
Commission
Digital Media
Data Protection Laws
Deliverables
Effective Date
Force Majeure Event
Group
Intellectual Property Rights
Key Performance Indicators
Media Buy
Media Costs
Media Owner
Media Plan
Media Platforms
Media Services
Media Space
Performance Report
Personal Data
Professional Standards
Project
Rate Card
Relevant Laws
Scope of Services
Service Levels
Specifications
Statement of Work
Strategy
Subcontractor
Term
Territory
Third Party Costs
Traditional Media
Working Day
Scope of Services
Service Delivery
Agency Obligations
Client Obligations
Approvals
Media Planning
Media Buying
Performance Monitoring
Reporting
Fees and Commissions
Payment Terms
Budget Management
Client Materials
Intellectual Property
Data Protection
Confidentiality
Non-Solicitation
Non-Competition
Exclusivity
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term
Termination
Exit Management
Assignment
Subcontracting
Audit Rights
Insurance
Notices
Amendment
Severability
Entire Agreement
Governing Law
Dispute Resolution
Authority
Relationship of Parties
Retail
Consumer Goods
Financial Services
Automotive
Technology
Entertainment
Telecommunications
Healthcare
Travel & Tourism
Food & Beverage
Luxury Goods
E-commerce
Education
Real Estate
Professional Services
Legal
Marketing
Procurement
Finance
Brand Management
Digital Marketing
Compliance
Media Operations
Account Management
Marketing Operations
Chief Marketing Officer
Marketing Director
Media Director
Procurement Manager
Legal Counsel
Brand Manager
Digital Marketing Manager
Advertising Manager
Finance Director
Account Director
Media Planning Manager
Client Services Director
Compliance Officer
Marketing Operations Manager
Budget Controller
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