Media Agency Agreement Template for Switzerland

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Key Requirements PROMPT example:

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.

Document background
The Media Agency Agreement is a crucial document used to formalize the relationship between professional media agencies and their clients in Switzerland. It is essential when a company seeks to engage an external agency for media planning, buying, and campaign management services. The agreement, governed by Swiss law including the Code of Obligations and relevant media regulations, typically covers comprehensive media services across traditional and digital channels. It details the agency's responsibilities, compensation structure, approval processes, and performance metrics while ensuring compliance with Swiss advertising standards and data protection requirements. This document is particularly important for businesses investing significantly in media advertising and requiring professional media management services.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Relevant legal definitions
Clauses
Relevant Industries

Retail

Consumer Goods

Financial Services

Automotive

Technology

Entertainment

Telecommunications

Healthcare

Travel & Tourism

Food & Beverage

Luxury Goods

E-commerce

Education

Real Estate

Professional Services

Relevant Teams

Legal

Marketing

Procurement

Finance

Brand Management

Digital Marketing

Compliance

Media Operations

Account Management

Marketing Operations

Relevant Roles

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

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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