The Reseller Agreement is a fundamental commercial contract used when a supplier wishes to expand their distribution network through third-party resellers in specific territories. This document is essential for businesses operating under Swiss jurisdiction that want to establish a formal reseller relationship while ensuring compliance with Swiss commercial law, competition regulations, and data protection requirements. The agreement typically includes detailed provisions on product supply, pricing mechanisms, territorial restrictions, performance targets, and brand protection measures. It's particularly important for international trade relationships where Swiss law provides a neutral and well-established legal framework. The document serves both large corporations and SMEs engaged in distribution relationships, providing a structured approach to managing the supplier-reseller relationship while addressing specific Swiss legal requirements regarding vertical agreements and fair trading practices.
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1. Parties: Identification and details of the supplier and reseller, including registered addresses and company details
2. Background: Context of the agreement, brief description of the business relationship and parties' objectives
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Territory: Scope of reseller appointment, territorial limitations, and exclusivity status
5. Reseller Obligations: Core responsibilities of the reseller including sales targets, marketing requirements, and customer service standards
6. Supplier Obligations: Supplier's commitments regarding product supply, support, and training
7. Ordering and Delivery: Procedures for placing orders, delivery terms, and logistics arrangements
8. Prices and Payment: Pricing structure, payment terms, and invoicing procedures
9. Intellectual Property Rights: Protection and usage rights of trademarks, patents, and other IP
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration of agreement, renewal terms, and termination conditions
12. Post-Termination: Obligations and rights of parties after agreement termination
13. Data Protection: Compliance with Swiss data protection laws and data handling procedures
14. General Provisions: Standard legal clauses including notices, amendments, and governing law
1. Marketing and Promotion: Detailed marketing obligations and cooperative advertising programs, include when marketing is a significant component of the relationship
2. Training Requirements: Specific training obligations and certification requirements, include for technical or complex products
3. After-Sales Service: Service and support requirements, include when product requires significant post-sale support
4. Insurance Requirements: Specific insurance coverage obligations, include for high-value or high-risk products
5. Import/Export Compliance: International trade compliance obligations, include for cross-border sales
6. Anti-Corruption Compliance: Anti-bribery and corruption provisions, include for international business or public sector sales
7. Minimum Purchase Requirements: Minimum order quantities or purchase commitments, include when volume requirements are crucial
8. Product Modification Rights: Rights to modify or customize products, include when reseller needs product customization rights
1. Schedule 1 - Products: List of approved products and their specifications
2. Schedule 2 - Territory: Detailed description of approved sales territory including any exclusions
3. Schedule 3 - Pricing and Discount Structure: Detailed pricing information, discount levels, and special offer terms
4. Schedule 4 - Service Level Agreement: Performance metrics and service level commitments
5. Schedule 5 - Technical Requirements: Technical specifications and compliance requirements
6. Schedule 6 - Reporting Templates: Required report formats and submission procedures
7. Schedule 7 - Marketing Guidelines: Brand guidelines and approved marketing practices
8. Appendix A - Order Forms: Standard order forms and procedures
9. Appendix B - Support Procedures: Technical support and customer service procedures
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Consumer Goods
Electronics and Hardware
Automotive
Industrial Equipment
Medical Devices
Telecommunications
Pharmaceuticals
Fashion and Luxury Goods
Construction Materials
Food and Beverage
Agricultural Products
Chemical Products
Energy and Utilities
Relevant Teams
Legal
Sales
Commercial
Business Development
Operations
Supply Chain
Compliance
Partner Management
Distribution
Procurement
Contract Management
Relevant Roles
Chief Commercial Officer
Sales Director
Channel Manager
Business Development Manager
Commercial Contracts Manager
Legal Counsel
Head of Distribution
Supply Chain Manager
Chief Executive Officer
Operations Director
Procurement Manager
Compliance Officer
Partner Management Director
Regional Sales Manager
Distribution Network Manager
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