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Sales Broker Agreement
"I need a Sales Broker Agreement under Swiss law for appointing an exclusive broker to distribute our luxury watches in the Asia-Pacific region, with specific focus on commission structures and brand protection measures."
1. Parties: Identification of the principal company and the broker, including full legal names, addresses, and registration details
2. Background: Context of the agreement, including the principal's business nature and desire to engage a broker
3. Definitions: Key terms used throughout the agreement, including 'Territory', 'Products', 'Customers', 'Commission', etc.
4. Appointment and Scope: Terms of broker appointment, exclusivity/non-exclusivity, and defined territory or market segment
5. Broker's Obligations: Core responsibilities, including sales targets, reporting requirements, and professional conduct standards
6. Principal's Obligations: Support, information, and resources to be provided by the principal to the broker
7. Commission Structure: Detailed commission rates, calculation methods, and payment terms
8. Term and Termination: Duration of agreement, renewal terms, and grounds for termination
9. Confidentiality: Protection of business secrets and confidential information
10. Intellectual Property: Usage rights for principal's trademarks, logos, and marketing materials
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
1. Non-Compete Clause: Restrictions on broker's activities during and after the agreement (include if protecting market position is crucial)
2. Performance Targets: Specific sales targets and consequences of meeting/missing them (include for performance-based relationships)
3. Training and Support: Details of training programs and ongoing support (include for complex products or services)
4. Insurance Requirements: Specific insurance coverage requirements for the broker (include for high-value transactions)
5. Data Protection: Detailed data handling requirements (include if significant customer data processing is involved)
6. Marketing and Promotion: Guidelines for marketing activities and cost sharing (include if broker handles marketing)
7. Sub-brokers: Terms for appointing sub-brokers or agents (include if sub-delegation is permitted)
1. Schedule 1 - Product List: Detailed list of products/services the broker is authorized to sell
2. Schedule 2 - Commission Rates: Detailed commission structure, including any variations by product or volume
3. Schedule 3 - Territory Definition: Detailed description of geographical territory or market segment
4. Schedule 4 - Reporting Templates: Standard forms for activity reporting and commission calculations
5. Schedule 5 - Performance Metrics: Detailed KPIs and measurement criteria
6. Appendix A - Marketing Guidelines: Detailed guidelines for use of principal's branding and marketing materials
7. Appendix B - Compliance Requirements: Specific regulatory and compliance requirements applicable to the broker
Authors
Manufacturing
Industrial Equipment
Consumer Goods
Real Estate
Financial Services
Technology
Pharmaceuticals
Luxury Goods
Automotive
Chemical Products
Construction Materials
Professional Services
Legal
Sales
Business Development
Compliance
Finance
Operations
Commercial
Contract Management
Partner Relations
Distribution
Chief Executive Officer
Sales Director
Commercial Director
Business Development Manager
Channel Manager
Legal Counsel
Compliance Officer
Contract Manager
Sales Operations Manager
Regional Sales Manager
Chief Commercial Officer
Distribution Manager
Partner Relations Manager
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