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Sales Broker Agreement Template for Switzerland

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Key Requirements PROMPT example:

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."

Document background
The Sales Broker Agreement is essential for businesses operating in Switzerland that rely on external sales representatives or intermediaries to market and sell their products or services. This document is particularly relevant when a company wishes to expand its market reach without establishing its own direct sales force. The agreement, governed by Swiss law, specifically addresses the unique aspects of the Swiss legal framework, including provisions from the Swiss Code of Obligations regarding brokerage relationships. It provides a structured framework for defining the broker's authority, territory rights, commission structures, and performance expectations while ensuring compliance with Swiss commercial and contract law. The document is typically used when establishing new broker relationships or formalizing existing arrangements, and can be customized to accommodate various industry-specific requirements and business models.
Suggested Sections

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

Optional Sections

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)

Suggested Schedules

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

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

Industrial Equipment

Consumer Goods

Real Estate

Financial Services

Technology

Pharmaceuticals

Luxury Goods

Automotive

Chemical Products

Construction Materials

Professional Services

Relevant Teams

Legal

Sales

Business Development

Compliance

Finance

Operations

Commercial

Contract Management

Partner Relations

Distribution

Relevant Roles

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

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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