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Code of conduct during pitches

Guidelines for Ethical Behavior during:
(Strategic) Vendor Selection Process - Agency Services

Purpose:
The following code of conduct should be used as a general guideline during our vendor selection processes for:  
Agency Services (such as creative and or media agencies)

For vendors and agencies:
As a vendor and/ or agency, it is important to adhere to the guidelines outlined in the brief provided, while also demonstrating courteous behavior towards the brand owner and MediaPerformance. Vendors should not have direct contact with the brand owner, unless it is specifically required for the process, such as participating in presentations. The incumbent vendor should limit communication with the brand owner regarding the action, but essential communication pertaining to overall cooperation between parties is allowed and encouraged.

It is important for vendors to provide realistic yet ambitious information and to only make promises that can be fulfilled. In case of conflict, MediaPerformance can be requested to mediate. 

Any outcome of the vendor selection process is final and cannot be challenged, and the brand owner’s decision will be respected. Vendors should ensure they have all necessary equipment to conduct the intended activities and are willing to attend or host meetings. In case of any conflicts, the Pitch Briefing, NDA, and any contracts signed take precedence over this guideline. 

For brand owners/ advertisers:
As a brand owner and or advertiser, it is vital to maintain impartiality throughout all aspects of the vendor selection process, including the decision-making process. Any information received should be kept secure and treated as confidential. If sharing information with third parties, such as local distributors, is necessary, it must be relevant to the brand owner’s business and efforts should be made to limit the information shared, prevent sharing information with other vendors, and ensure that parties with whom the information is shared are bound by confidentiality. The brand owner should also be respectful and courteous towards vendors and MediaPerformance, have reasonable expectations for the vendors’ time, effort and output and ensure that all employees, clients and distributors involved in the process abide by these principles. This can be reconfirmed in writing upon request from a vendor. Brand owners will acknowledge MediaPerformance’s role within the process and will keep MediaPerformance informed and consulted on any relevant developments throughout the process. 

For MediaPerformance:
MediaPerformance is dedicated to providing a level playing field for competing vendors by ensuring that all vendors receive the same information. We promote courteous and fair behavior towards the brand owner and vendors. We strive to maintain a fair and honest environment for participating vendors. Any information we receive related to the task will only be used for evaluating the task and for potential future cooperation between the vendor and brand owner. This information will be shared with the relevant team(s) but will not be shared with competing vendors. MediaPerformance will not accept any liability for actions taken by it’s clients. MediaPerformance will not accept any liability for the use of our recommendations, contracts, concepts, thinking models, appendixes, analysis or any other information provided. We also do not accept any liability for actions taken on behalf of our clients. We will not make any binding commitments on behalf of our clients towards vendors and we will not establish billing relationships with vendors. Our generic rules and conditions will apply and are accepted by participating parties.

For all parties:
This code of conduct is established to manage mutual expectations. It is important to note that no legal rights can be derived from this code of conduct. It is strongly recommended to follow this guideline in order to maintain integrity. If this code of conduct is violated, MediaPerformance reserves the right to take necessary actions.