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Simple Exclusivity Agreement Template for Switzerland

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Key Requirements PROMPT example:

Simple Exclusivity Agreement

"I need a Simple Exclusivity Agreement under Swiss law for appointing an exclusive distributor of luxury watches in the Asia-Pacific region, starting from March 2025, with minimum annual purchase requirements and quality control provisions."

Document background
The Simple Exclusivity Agreement is a fundamental commercial contract used in Swiss business relationships where one party grants another exclusive rights within a defined scope. This document is particularly relevant when establishing exclusive distribution arrangements, licensing relationships, or service provision agreements in Switzerland. It must comply with the Swiss Code of Obligations and Swiss competition law, particularly regarding territorial restrictions and market impact. The agreement typically includes detailed provisions on the nature of exclusivity, geographic limitations, duration, performance requirements, and termination rights. This type of agreement is commonly used in various industries where controlled distribution or service channels are essential, requiring careful consideration of both commercial interests and legal compliance under Swiss law.
Suggested Sections

1. Parties: Identification and details of the contracting parties

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

3. Definitions: Key terms used throughout the agreement

4. Grant of Exclusivity: Core provision defining the scope and nature of the exclusive rights granted

5. Duration and Term: Period of exclusivity and any renewal provisions

6. Obligations of the Grantor: Specific commitments and restrictions on the party granting exclusivity

7. Obligations of the Grantee: Performance requirements and commitments of the party receiving exclusive rights

8. Territory: Geographic scope of the exclusivity

9. Termination: Circumstances and procedures for ending the agreement

10. Confidentiality: Protection of confidential information exchanged under the agreement

11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

Optional Sections

1. Minimum Performance Requirements: Used when the exclusivity is conditional on meeting specific performance targets

2. Non-Competition: Additional restrictions on competitive activities, if applicable

3. Marketing and Promotion: Include when the agreement involves specific marketing obligations

4. Quality Control: Necessary when the agreement involves products or services with specific quality standards

5. Sub-contracting Rights: Include if the grantee needs rights to sub-contract or delegate

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

7. Data Protection: Include when personal data processing is involved

8. Force Majeure: Include when needed to address extraordinary circumstances affecting performance

Suggested Schedules

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

2. Schedule 2 - Territory Definition: Detailed description or map of the exclusive territory

3. Schedule 3 - Performance Metrics: Specific KPIs or performance requirements if applicable

4. Schedule 4 - Pricing and Commercial Terms: Detailed pricing structure and commercial conditions

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

6. Appendix B - Reporting Templates: Standard forms for required performance or sales reporting

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

Pharmaceuticals

Luxury Goods

Technology

Consumer Products

Industrial Equipment

Medical Devices

Automotive

Fashion and Apparel

Software and IT

Professional Services

Biotechnology

Precision Engineering

Watches and Jewelry

Relevant Teams

Legal

Commercial

Sales

Business Development

Procurement

Compliance

Operations

Distribution

Licensing

Contract Management

Corporate Development

International Business

Relevant Roles

Legal Counsel

Commercial Director

Business Development Manager

Sales Director

Procurement Manager

Contract Manager

Chief Executive Officer

Chief Commercial Officer

Distribution Manager

Licensing Manager

Partner

General Counsel

Head of Sales

Regional Director

Country 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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