南京招聘

Role Purpose

    

    

Merkle is looking for an enthusiastic self-motivated Commercial / Contract Management Lead (Manger) or attorney who thrives in a fast-paced environment, with 5+years of experience in the commercial, intellectual property or internet (or media) sectors. The successful candidate is comfortable performing a wide range of tasks from administrative to strategic. The successful candidate will demonstrate strong organizational skills, excellent grammar, and attention to detail along with the ability to manage multiple projects.

    

    

Our ideal candidate has previous experience with contracts administration, is familiar with legal requirements for contract drafting and contract reviews, ensures all contracts conform to company standards and commercial management aspects for the various responsibilities, skills and experiences outlined below.

    

    

The Contract Management Lead (Manager) will report to CFO/VP Finance & Operations, and provide development, review and negotiation for assigned Client contracts within an assigned set of Merkle services lines. The Contracts Management Lead (Manager) will partner with the applicable sales and delivery organizations to document the contract scope, details, pricing and terms, for deals after the proposal is agreed on between Merkle and the Client. The Contracts Management Lead (Manager) will work with the service line, Legal and Finance groups to obtain their approvals on the contract documents before submitting to the Client, and then work with the Client and internal team to complete the contract negotiation through the signing process.

    

    

Ideal candidate will have experience in the professional services industry (e.g. technology projects, consulting,  or digital agency) and have some experience working with contract documents as the seller: have drafted/reviewed Master Service Agreements (MSAs), Statements of Work (SOWs), Change Orders, third party agreements Non-Disclosure Agreements (NDAs), subcontract agreements or any other contract vehicles that may come up in day-to-day business. Advertising, software licensing, internet marketing and regulatory law experience is a plus.

    

    

Efficiently functioning as a key member of the team in a fast-paced environmrnt will be critical to the success of the person filling this position. The ideal candidate needs to be able to exercise independent judgement and discretion to work with multiple departments and outside vendors, as well as interact with the department leads on behalf of the Commercial Solution department.

    

    

Key Responsibilities

       

Contract Development and Authoring:

   

• Apply best practices to develop contract vehicles (Statements of Work, Amendments, Change Orders, Letters of Intent, Letter of Authorization) for consulting and technology services related to marketing efforts for Clients from standard Merkle and Client templates using basic deal scope information, schedule and pricing data as a basis. Identify risk and mitigation strategies, and works as a business partner with all levels of the business to provide responsive, clear, actionable advice. Advise internal sales staff on preferred contract and pricing structure on a wide variety of types of service engagements in the marketing domain including strategy consulting, media buys, marketing campaigns, marketing database builds, marketing analytics, SEO, SEM, advertising, research and marketing, events and web development, vendor, license, business development, SaaS and other technology, and other commercial agreements and operational contracts,
• Ensure the identification of opportunities to minimize contract risk and coordinate commercial risk mitigation measures.
• Draft and/or review contracts in admi with company policy. As appropriate, contribute to or influence company policies.
• Prepare contract/commercial risk assessments and deliver contract briefing to business unit / service line leadership, as required.
• Coordinate the drafting, review and proper execution of all legal contracts with business units, service lines, IT, HR, Legal and Finance, as applicable, by management.

   

Contract processing and Tracking:

   

• Follow contract management process controls to verify all contract documents are fully approved and vetted internally before presenting to the Client.
• Review form agreement related to advertising and digital marketing practice areas, including NDAs, media agreements, licensing agreements, and other contracts. Manage reviews and analysis of client edits to contracts. Evaluate, develop and process contract version updates, track contract completion progress and manage contract approval status in Salesforce, follow up correspondence with clients and Merkle team members.
• Responsible for timely processing of projects and contract activities against established service levels through Salesforce tool and manage dashboard metrics.
• Develop, implement, and ensure compliance with appropriate strategic commercial approach, based on contract type (i.e. Retainer, Deliverables, T&M).
• Support and become expert in Salesforce, the contract management system of record, for cataloguing and tracking all contracts, approvals, storage of fully executed contracts.
• Oversee contract administration and compliance.

   

Negotiations:

   

• Draft, negotiate and advise on commercial agreements across a variey of areas on media and advertising services. Represent Merkle business on negotiating team in Client contract negotiations. Provide redlines on all standard and nonstandard contracts initiated by the client or business team, negotiate directly with customer attorneys or purchasing staff if required.
• Assist in negotiating, structuring, and management of contractual documents that establish the business relationship with clients, subcontractors, vendors and/or partners, as applicable.
• Provide on-demand contractual clarifications/position statements to project team members as required.
• Revise documents for adherence to company policy/position statements, and advise on contractual rights and obligations, and provide interpretation of terms and condtions.
• Analyze comments from opposing representation and propose solutions. Provide risk assessments.

   

Process and Template Development:

   

• Participates in development of contract document templates for reuse inside Merkle as directed by HQ Legal and Commercial Team.
• Collaborate with service lines to fully understand the products and/or service being provided and develop contract document templates.
• Assist in maintaining a centralized repository of legal documents.
• Monitor and recommend adjustments to commercial strategies, position statements, and contractual terms based on audits, market conditions, and change in law.
• Provide legal support and guidance in relation to development and deployment of new commercial initiatives.
• Monitoring issues in relation to advertising and digital/internet areas.

   

Provide support to commercial and finance teams in contractual negotiations with clients and media owners. This includes being able to efficiently provide a risk assessment of proposed client contracts, clear distinguishing between critical and less critical risks.

   

Develop and provide training and legal rish management plans to senior management and other partners at different levels of the company in topics like contract writing, the company’s legal process, and other areas of legal compliance.

   

Take on both day to day and big picture initiatives to improve and implement best-practices in compliance, contracts management, intellectual property and data privacy.

   

Help implement a legal strategy to support the business in relation to agreements and projects.

   

Other areas of responsibility:

   

• Special projects include historical research, trending analysis. Participate in determining objectives of special projects as assigned by management. Research contractual and legal questions and issues; clearly communicates findings and identify risks associated with mitigation options. Participate in RFP proposal preparation when required. Assist with other areas of the Merkle G&A, including various process improvement initiatives.
• Establish positive and productive relationships with contract requestor(s), service lines, and senior leadership involved in contract process.
• Provide a high-quality service level to all internal and external customers ensuring accuracy, efficiency, and follow-up. Provide reads and interpretations of contract language as needed after signing.
• Interface with all levels of executive leadership and management as well as customers, in a fast paced, demanding environment. Work with minimal direction - plans, schedules, and arranges own activities in accomplishing objectives and work assignments. Provide some influence on the overall objectives and long-range goals of the group in regard to document standards and template language.

      

    

Key Professional Skills, Competencies and Experience

    

• B.S. in Engineering, Paralegal, English, Finance, IT, Business, Economics or related field, MS preferred
• 5+ years in Contracts development, Procurement, Risk management, Vendor oversight, Negotiation, Auditing, Finance, Law or Business or combination thereof. Paralegal experience a plus.
• Experience preferred in Information Technology, Digtal Agency, advertising, entertainment, interactive, intellectual property or licensing, or similar professional services organization, with a background of independently advising clients in relation to commercial transactions.
• Knowledge of legal principles in relation to contract law, entertainment law, intellectual property, licensing, fair use, right of publicity, privacy, website accessibility and dispute resolution.
• Must be familiar with data privacy regulations in China.
• Strong verbal and written communication skills. Excellent grammar, spelling, business / technical writing skills and distillation of RFP-like statements into contractual responsibilities/legal requirements involved with a contract.
• Experience in project management and writing. Experience in contract review, drafting and negotiating to include business, price, and legal terms of a wide range of typical business contracts including Master Service Agreements (MSAs), Statements of Work (SOWs), Change Orders, Subcontractor Agreements, Purchase Agreements, Non-Disclosure Agreements (NDAs), or Letters of Intent (LOI). 
• Ability to translate complex legal terminology/concept into simple terms to other management and delivery personnel (legal and non-legal professionals).
• Strong analytical skills including the ability to synthesize, distill and draw conclusions from data.
• Very detail oriented in the area of business terms, pricing, legal protections, and related terms, and love the nuances of legal documents. Keen attention to detail, with an ability to spot errors and identify key risk areas in a contract.
• Willingness and Experience enforcing business controls as a “gatekeeper”.
• Extremely customer-focused with strong influencing, organizational and interpersonal skills as well as the ability to manage client demands appropriately. Ability to work under pressure, meet deadlines and thrive in a fast-paced work environment where deadlines are priority and handling multiple jobs simultaneously is the norm.
• Commercially-minded and can succinctly articulate legal advice.
• Posesses well-developed prioritization skills given the likelihood of dealing with multiple projects at any one time. Ability to multi-task and manage multiple simultaneous projects requiring frequent communication and prioritization.
• Ability to prioritize workload and know when to ask help from other operations team members as needed. Exercises good judgement and recognizes when to ask for help or escalate issues.
• Strong negotiator with experience in setting negotiation objectives and tactics, and planning for and conducting negotiations.
• Experience with business process development and enforcement of business controls
• Must have strong computer skills and expertise in Microsoft Office Suite (including Excel, Outlook and PowerPoint). Advanced expertise in MSWord – including PDF to Word conversions, document template development, outlining.
• Advanced working knowledge with contract mabagement applications, i.e. experience with Salesforce or other automated workflow tool, experience with SF reporting skills a plus.
• Presents self in positive and professional manner.
• Must have the initiative and ability to work autonomously while remaining a strong and supportive member of the team.
• Ability to analyze customer requirements in context of the business environment and recognize legal implications.
• Demonstrate strong people skills, ability and experience to work and communicate in a professional and timely manner with varing seniortity levels, and in all areas of the organization, cross functional teams and customers, including peers, managers/director, and VP/C-Flevel both internal and external. Comfortable working with all levels of management and negotiating with external partners.
• Demonstrates excellent communication skills with a friendly and professional demeanor.
• Strong ethics, integrity and values including ability to be discrete and maintain confidentiality with respect to agreement contents and other highly sensitive business matters and projects required. Ability to handle sensitive/confidential information requiring a high level of discretion, respect and integrity is a must.
• Possess the ability to adapt to changes, delays, or unexpected shifts in priorities while maintaining focus and productivity in a high-volume environment required.
• Ability to make changes in approach or method to best fit the circumstance required.
• In-house experience in the support of lawyers in advertising, marketing, Information Technology, Digital Agency industry, or other similar professional services organization is strongly preferred

    

This job description is a summary of the essential functions of the job, not an exhaustive or comprehensive list of all possible job responsibilities, tasks, and duties. The responsibilities, tasks, and duties of the jobholder might differ from those outlined in the job description. Other duties, as assigned by the supervisor, might be part of the job.

    

Additional Information

    

    

When you join Merkle, a dentsu company, you’re becoming part of one team. A team with diverse talents in media, creative content and technology. And one with a shared ambition: to innovate the way brands are built.

    

    

Our collaborative and agile ways of working means you’ll develop versatile skills and be exposed to new and exciting thinking. Combine that with a pioneering spirit aimed at making a positive impact on brands, society and each other – and you’ll soon realize why we’re at the forefront of the digital economy.

    

    

Together we make our mark. Together we embrace the true potential of disruption. And together – across all our locations – we help our client win in a changing world.

    

    

If you want to belong a one global network where opportunities are limitless – we look forward to welcoming you. Employees from diverse backgrounds encouraged to apply.

Merkle is a leading data-driven customer experience management (CXM) company that specializes in the delivery of unique, personalized customer experiences across platforms and devices. For more than 30 years, Fortune 1000 companies and leading nonprofit organizations have partnered with Merkle to maximize the value of their customer portfolios. The company’s heritage in data, technology, and analytics forms the foundation for its unmatched skills in understanding consumer insights that drive hyper-personalized marketing strategies. Its combined strengths in performance media, customer experience, customer relationship management, loyalty, and enterprise marketing technology drive improved marketing results and competitive advantage. With 12,000+ employees, Merkle is headquartered in Columbia, Maryland, with 50+ additional offices throughout the Americas, EMEA, and APAC. Merkle is a dentsu company.
Merkle China is headquartered in Shanghai, with 2 additional offices in Beijing and Nanjing. For more information, please contact Merkle China at 0086 21 2030 8000.
美库尔集团是一家以数据为驱动、技术为依托的客户体验管理公司，专注于跨平台和设备交付独具特色和个性化的客户体验。在过去30多年里，美库尔与众多《财富》1000强企业以及非营利机构建立了合作伙伴关系，帮助他们实现营销投资组合价值的***化。公司在数据、技术和分析方面的积累为其获取消费者洞察、实施超个性化的营销战略奠定了坚实的基础。美库尔在效果媒体、客户体验、客户关系管理、忠诚度、电商解决方案、B2B营销和企业营销技术等方面的综合优势有助于增强营销效果，扩大竞争优势。美库尔全球现拥有12000多名员工，业务遍及欧洲、北美、中东及亚太地区，设有50多个办事处。美库尔于2016年加入了电通集团。
美库尔中国总部位于上海，并在北京和南京设有办事处。如需了解更多信息，请拨打电话0086 21 2030 8000与美库尔中国联系。