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Commercial Referral Fee Agreement Template for Switzerland

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Key Requirements PROMPT example:

Commercial Referral Fee Agreement

"I need a Commercial Referral Fee Agreement for my IT consulting firm based in Zurich to establish a referral program with software development companies, including a tiered commission structure starting at 10% and increasing based on deal value, with the agreement to commence on March 1, 2025."

Document background
The Commercial Referral Fee Agreement is essential for businesses operating in Switzerland who wish to formalize their referral relationships and establish clear compensation structures for business introductions. This document is particularly relevant in today's interconnected business environment where strategic partnerships and referral networks are crucial for growth. The agreement ensures compliance with Swiss regulatory requirements, including the Swiss Code of Obligations, data protection laws, and financial regulations where applicable. It provides a comprehensive framework for managing referral relationships, detailing payment structures, defining qualification criteria for referrals, and establishing clear operational procedures. The document is designed to protect both parties' interests while maintaining transparency and legal compliance in referral arrangements.
Suggested Sections

1. Parties: Identification of the referring party and the recipient of referrals, including full legal names and addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement, including 'Referral', 'Qualified Lead', 'Referral Fee', etc.

4. Scope of Services: Detailed description of the referral services and the process for making referrals

5. Referral Process: Step-by-step procedure for making referrals and qualifying leads

6. Referral Fees and Payment Terms: Structure of referral fees, calculation method, payment schedule, and invoicing requirements

7. Obligations of the Referring Party: Duties and responsibilities of the party making the referrals

8. Obligations of the Recipient: Duties and responsibilities of the party receiving the referrals

9. Compliance Requirements: Regulatory compliance obligations, including data protection and anti-money laundering requirements

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Confidentiality: Protection of confidential information shared during the referral process

12. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

Optional Sections

1. Non-Compete Clause: Restrictions on competitive activities, used when parties want to prevent referrals to competitors

2. Performance Targets: Specific referral volume or revenue targets, included when minimum performance levels are required

3. Training and Support: Details of any training or support provided for the referral process, used in complex referral arrangements

4. Audit Rights: Right to audit referral records and calculations, included for high-value or volume-based arrangements

5. Insurance Requirements: Specific insurance coverage requirements, used in high-risk or regulated industries

6. Marketing and Branding: Guidelines for using parties' brands in referral activities, included when marketing activities are part of the arrangement

Suggested Schedules

1. Schedule 1 - Fee Structure: Detailed breakdown of referral fees, commission tiers, and calculation methods

2. Schedule 2 - Referral Criteria: Specific criteria for qualifying referrals and leads

3. Schedule 3 - Reporting Template: Standard format for tracking and reporting referrals

4. Schedule 4 - Contact Details: Key contact persons and their details for both parties

5. Appendix A - Compliance Procedures: Detailed procedures for ensuring regulatory compliance

6. Appendix B - Data Protection Protocol: Specific procedures for handling personal data in compliance with FDPA

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Financial Services

Professional Services

Information Technology

Real Estate

Management Consulting

Healthcare

Insurance

Telecommunications

Legal Services

Business Services

Relevant Teams

Legal

Business Development

Sales

Compliance

Operations

Commercial

Partner Management

Account Management

Strategy

Marketing

Relevant Roles

Business Development Manager

Sales Director

Partnership Manager

Chief Commercial Officer

Legal Counsel

Compliance Officer

Account Manager

Channel Manager

Chief Executive Officer

Operations Manager

Marketing Director

Strategy Manager

Relationship Manager

Business Consultant

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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