Agent Referral Agreement Template for Switzerland

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Key Requirements PROMPT example:

Agent Referral Agreement

"I need a Swiss-law Agent Referral Agreement for my software company, with standard referral fees of 15% and non-exclusive territory rights across Europe, to be effective from March 1, 2025."

Document background
The Agent Referral Agreement under Swiss law is essential for businesses looking to expand their market reach through formal referral partnerships. This document is particularly valuable when companies wish to establish a structured referral program with clear terms, responsibilities, and compensation mechanisms. The agreement encompasses crucial elements such as referral processes, fee structures, compliance with Swiss regulations (including data protection laws), and risk allocation between parties. It's commonly used when businesses want to leverage external partners' networks while maintaining control over customer relationships and ensuring legal compliance. The document is drafted in accordance with Swiss law, particularly the Swiss Code of Obligations, making it suitable for both domestic and international business relationships where Swiss law is the chosen governing law.
Suggested Sections

1. Parties: Identification of the Principal and the Referral Agent, including full legal names, registration details, and addresses

2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of the referral arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including 'Referred Customer', 'Referral Fee', 'Territory', etc.

4. Appointment and Scope: Terms of agent appointment, scope of referral services, and any territorial limitations

5. Agent's Obligations: Detailed responsibilities of the agent, including referral process, reporting requirements, and compliance obligations

6. Principal's Obligations: Principal's commitments, including support to be provided to the agent and handling of referred customers

7. Referral Process: Step-by-step process for making and tracking referrals, including documentation requirements

8. Compensation: Structure of referral fees, calculation method, payment terms, and conditions for fee eligibility

9. Confidentiality: Provisions for protecting confidential information and trade secrets

10. Term and Termination: Duration of the agreement, renewal terms, and grounds for termination

11. Data Protection: Compliance with Swiss data protection laws and handling of personal data

12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Non-Competition: Restrictions on agent's competing activities, used when the principal wants to prevent competition during and after the agreement

2. Training and Support: Details of training and support provided by principal, included when significant onboarding or ongoing support is required

3. Marketing and Branding: Guidelines for use of principal's branding and marketing materials, included when agent will be involved in marketing activities

4. Insurance: Insurance requirements for the agent, included when the referral activities involve significant risks

5. Audit Rights: Principal's rights to audit agent's referral activities, included for high-value or regulated services

6. Force Majeure: Provisions for unforeseen circumstances, included when business continuity is critical

7. Assignment and Subcontracting: Rules for transferring rights or delegating duties, included when flexibility in business structure is needed

Suggested Schedules

1. Schedule 1 - Compensation Structure: Detailed breakdown of referral fees, commission tiers, and bonus structures

2. Schedule 2 - Referral Process Flow: Detailed steps and documentation requirements for the referral process

3. Schedule 3 - Approved Territory: Definition and/or map of the geographical territory covered by the agreement

4. Schedule 4 - Reporting Templates: Standard forms and templates for referral reporting and tracking

5. Schedule 5 - Service Level Requirements: Performance metrics and service standards for both parties

6. Appendix A - Contact Details: Key contact information for both parties

7. Appendix B - Compliance Requirements: Specific regulatory and compliance requirements applicable to the referral activities

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Financial Services

Insurance

Professional Services

Information Technology

Real Estate

Management Consulting

Healthcare

Manufacturing

Software and Technology

Business Services

Telecommunications

Education and Training

Relevant Teams

Legal

Business Development

Sales

Compliance

Commercial

Partner Relations

Contract Management

Revenue Operations

Business Operations

Relevant Roles

Business Development Manager

Sales Director

Channel Partner Manager

Legal Counsel

Compliance Officer

Commercial Director

Partnership Manager

Chief Revenue Officer

Sales Operations Manager

Contract Manager

Business Manager

Agency Relationship Manager

Chief Commercial Officer

Head of Partnerships

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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