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Sales Partner Agreement Template for Switzerland

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Key Requirements PROMPT example:

Sales Partner Agreement

"I need a Sales Partner Agreement for my Swiss medical devices company to appoint an exclusive distributor in Germany and Austria, with minimum annual sales targets and a tiered commission structure, starting from March 2025."

Document background
The Sales Partner Agreement is essential for companies seeking to expand their market presence through third-party sales representatives in Switzerland and internationally. This document is particularly valuable when a company wants to maintain control over its sales strategy while leveraging external sales expertise without establishing a direct employment relationship. The agreement needs to comply with Swiss law, particularly the Code of Obligations and competition laws, while providing flexibility to accommodate various business models. It typically includes detailed provisions on territory rights, commission structures, performance expectations, and brand protection measures. This type of agreement is commonly used when companies want to test new markets, expand their sales reach cost-effectively, or maintain a lean organizational structure while growing their business.
Suggested Sections

1. Parties: Identification and details of the principal company and the sales partner

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Territory: Formal appointment of sales partner and definition of geographical territory

5. Nature of Relationship: Clarification of independent contractor status and non-exclusive nature (if applicable)

6. Sales Partner's Rights and Obligations: Core responsibilities, sales targets, reporting requirements, and conduct standards

7. Principal's Rights and Obligations: Support, training, and resources to be provided by the principal

8. Commission Structure: Basic commission rates, calculation methods, and payment terms

9. Intellectual Property Rights: Usage rights and restrictions regarding trademarks, logos, and other IP

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Duration of agreement and termination provisions

12. Post-Termination Obligations: Obligations surviving termination, including non-compete and customer data handling

13. Governing Law and Jurisdiction: Specification of Swiss law and jurisdiction for dispute resolution

14. General Provisions: Standard boilerplate clauses including force majeure, notices, and amendments

Optional Sections

1. Minimum Performance Requirements: Include when specific sales targets or KPIs are crucial to the relationship

2. Product Training: Include when complex products require specific training programs

3. Marketing and Promotion: Include when the partner has specific marketing responsibilities or restrictions

4. Stock Requirements: Include when partner needs to maintain minimum stock levels

5. Customer Support Obligations: Include when partner provides after-sales support

6. Data Protection: Include detailed section when significant customer data processing is involved

7. Insurance Requirements: Include when specific insurance coverage is required

8. Compliance with Anti-Corruption Laws: Include for international operations or high-risk territories

9. Change of Control: Include when stability of partner's ownership is crucial

10. Bank Guarantee: Include when financial security is required

Suggested Schedules

1. Schedule 1 - Territory Description: Detailed description of geographical territory and any exclusions

2. Schedule 2 - Products: List of products/services covered by the agreement

3. Schedule 3 - Commission Rates: Detailed commission structure, including any variations and special rates

4. Schedule 4 - Sales Targets: Specific sales targets and measurement periods

5. Schedule 5 - Reporting Templates: Standard forms for regular sales reports and performance updates

6. Schedule 6 - Technical Requirements: Any technical or IT system requirements for the partner

7. Schedule 7 - Brand Guidelines: Guidelines for use of principal's branding and marketing materials

8. Appendix A - Contact Details: Key contact persons and communication protocols

9. Appendix B - Service Level Agreement: Details of required service levels and response times

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

Technology

Manufacturing

Consumer Goods

Industrial Equipment

Software and IT

Pharmaceuticals

Medical Devices

Automotive

Electronics

Telecommunications

Food and Beverage

Professional Services

Construction Materials

Chemical Products

Luxury Goods

Relevant Teams

Legal

Sales

Business Development

Commercial Operations

Finance

Compliance

Partner Relations

Contract Administration

International Business

Corporate Development

Relevant Roles

Sales Director

Commercial Director

Business Development Manager

Channel Manager

Legal Counsel

Contracts Manager

Chief Commercial Officer

Sales Operations Manager

Partnership Manager

Regional Sales Manager

Chief Executive Officer

General Counsel

Compliance Officer

Chief Financial Officer

Sales Territory 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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