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Vendor and Partner Non-Competes

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4 posts
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krispoore
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We work with vendor partners in our community to help fulfill delivery of assets for capabilities we do not currently offer in-house (printing, web programming, video production, etc.). Our community is very small, and we've recently experienced issues with video production crews taking credit for work we've sub-contracted them for (either by posting the work on their website portfolio without indicating us as the client, sharing production shots on social media and tagging themselves, or verbally mentioning to members of the community that they were hired by the advertiser (client), and not our firm).

After discussions with our internal team, we feel there's an "unspoken code of ethics" that many experienced advertisers are familiar with, but unfortunately that younger, entrepreneurial creatives/freelancers are not.

I'm curious with how other firms are managing and introducing their production teams to their clients... specifically:

1. Are there things you require from your vendor partners as they work with you? Do you review any specific documentation (such as code of conduct/ethics, non-compete and non-disclosure)?

2. What type of language do you use with any contracts with vendor partners that you work with?

3. With regards to video production crews (especially those that wear their logo/CREW shirts on-set), how do you introduce them to the client, and their role? Do you require them to wear your firm's uniforms?

4. In what ways do you safeguard and protect your role in the process as the client?

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Member 215
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Hi Kris,

We have some contracts and clauses specifically for vendors on our site. Under Contract Type, select "Vendor Agreement/Forms." https://www.secondwindonline.com/contracts-agreements

Melissa

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Rhonda Smith
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Hi Kris,

I think it's important to establish that relationship from the start, letting the vendor know your expectations and the role they play. They work for you, not your client.  It's also important to let the client know who the vendors are if they are a video production company or type of service the client will be exposed to. We always make it clear that the production company or printer or photographer, etc. works for us and we are responsible for the quality of the final product.

It's also important to have the vendor sign an agreement form or contract, such as the ones Melissa mentioned above.

Best,

Rhonda

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Natalie Sinn
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Hi Kris,

I agree with the guidance that Rhonda has provided.  It is important that roles are clearly defined before the work begins both with your vendor and your client.  Additionally it is important to have an agreement in place.  This will help with clearly defining the expectations between you and the vendor.  We use a form similar to one of the forms that Melissa has mention: Engagement, Confidentiality and Non-Circumvention Agreement.

Best Regards,

Natalie

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