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Non Exclusive Agency Agreement Template for Switzerland

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Key Requirements PROMPT example:

Non Exclusive Agency Agreement

"Need a Non-Exclusive Agency Agreement for appointing a Swiss-based agent to represent our luxury watch brand in the DACH region, with special attention to commission structure for high-value sales and trademark protection."

Document background
The Non-Exclusive Agency Agreement is essential for businesses seeking to expand their market presence through commercial representatives while maintaining flexibility in their distribution strategy. This document, governed by Swiss law, is particularly valuable when companies want to test new markets or maintain multiple distribution channels without committing to exclusive arrangements. It defines the agent's authority to represent the principal while explicitly preserving both parties' rights to maintain other business relationships. The agreement includes crucial elements such as territory definitions, commission structures, performance expectations, and compliance requirements, all aligned with Swiss legal frameworks, particularly the Swiss Code of Obligations. It's commonly used in international business relationships where Swiss law is chosen for its stability and well-developed commercial jurisprudence.
Suggested Sections

1. Parties: Identification of the Principal and Agent with 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

4. Appointment and Scope: Establishment of non-exclusive agency relationship and detailed scope of agent's authority

5. Territory and Products/Services: Definition of geographical area and products/services covered by the agency

6. Agent's Rights and Obligations: Detailed responsibilities, reporting requirements, and performance standards

7. Principal's Rights and Obligations: Principal's commitments, support to be provided, and information sharing obligations

8. Non-Exclusivity Provisions: Explicit terms regarding non-exclusive nature and parties' rights to work with others

9. Commission and Payment Terms: Compensation structure, calculation methods, payment schedule, and reporting

10. Term and Termination: Duration of agreement, renewal terms, and termination conditions

11. Post-Termination Obligations: Duties and rights of both parties after agreement ends

12. Confidentiality: Protection of confidential information and trade secrets

13. Intellectual Property: Usage rights and protection of trademarks, logos, and other IP

14. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction

Optional Sections

1. Non-Solicitation: Restrictions on soliciting customers or employees, included when there's significant customer relationship risk

2. Insurance: Required insurance coverage, added when agent's activities involve significant risks

3. Data Protection: Specific data handling requirements, included when personal data processing is involved

4. Marketing and Promotion: Specific requirements for marketing activities, included when agent has significant marketing responsibilities

5. Training: Training requirements and provisions, included when product/service complexity requires specific knowledge

6. Compliance with Laws: Specific regulatory compliance requirements, included for heavily regulated industries

7. Force Majeure: Provisions for unforeseen circumstances, included when business continuity is critical

8. Bank Guarantee/Security: Financial security requirements, included when significant financial risks exist

Suggested Schedules

1. Schedule 1 - Products/Services: Detailed list of products or services covered by the agency agreement

2. Schedule 2 - Commission Structure: Detailed commission rates, calculations, and examples

3. Schedule 3 - Territory Definition: Detailed description of geographical territory including any exclusions

4. Schedule 4 - Performance Targets: Specific KPIs and performance metrics

5. Schedule 5 - Reporting Templates: Standard forms for regular reporting requirements

6. Schedule 6 - Principal's Trademarks: List of trademarks and usage guidelines

7. Appendix A - Operating Procedures: Detailed operational procedures and requirements

8. Appendix B - Contact Details: Key contact information for both parties

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

Manufacturing

Technology

Financial Services

Real Estate

Consumer Goods

Professional Services

Industrial Products

Healthcare

Pharmaceuticals

Software and IT

Tourism and Hospitality

Automotive

Luxury Goods

Insurance

Telecommunications

Relevant Teams

Legal

Sales

Business Development

Commercial Operations

Compliance

Finance

International Operations

Partner Management

Contract Administration

Risk Management

Relevant Roles

Business Development Manager

Sales Director

Legal Counsel

Commercial Director

Chief Commercial Officer

Contracts Manager

Sales Operations Manager

Channel Manager

Partnership Manager

Regional Sales Manager

Chief Executive Officer

Managing Director

Compliance Officer

International Business Manager

Distribution Manager

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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