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Broker Exclusive Agreement

Broker Exclusive Agreement Template for Switzerland

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Key Requirements PROMPT example:

Broker Exclusive Agreement

"I need a Broker Exclusive Agreement for our luxury real estate agency in Geneva, granting exclusive rights to a broker for high-end residential properties valued above 5 million CHF in the French-speaking region of Switzerland, with the agreement starting January 1, 2025."

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Document background
The Broker Exclusive Agreement under Swiss law is designed for situations where a company (principal) wishes to grant exclusive representation rights to a broker within specific territories or market segments. This document type is particularly crucial in industries such as financial services, real estate, and international trade, where exclusive representation arrangements are common. The agreement comprehensively addresses all aspects required under Swiss law, including provisions from the Swiss Code of Obligations regarding brokerage and mandate relationships. It specifically details the scope of exclusivity, commission structures, performance requirements, and termination rights, while ensuring compliance with Swiss competition law regarding exclusive dealing arrangements. The Broker Exclusive Agreement is essential for establishing clear boundaries of the exclusive relationship, protecting both parties' interests, and providing a robust framework for the business relationship.
Suggested Sections

1. Parties: Identification of the principal and the broker, including full legal names, addresses, and registration details

2. Background: Context of the agreement, including brief description of the broker's business and principal's requirements

3. Definitions: Key terms used throughout the agreement, including definition of the exclusive territory, products/services, and relevant market

4. Appointment and Scope: Express appointment of broker as exclusive representative and detailed scope of services

5. Term and Termination: Duration of the agreement, renewal provisions, and termination rights

6. Exclusivity Provisions: Specific terms of exclusivity, including territorial limits and any exceptions

7. Broker's Obligations: Detailed responsibilities of the broker, including reporting requirements and performance standards

8. Principal's Obligations: Principal's duties, including information provision and cooperation requirements

9. Commission Structure: Detailed commission calculations, payment terms, and conditions for commission eligibility

10. Confidentiality: Obligations regarding confidential information and trade secrets

11. Intellectual Property: Usage rights for trademarks, logos, and marketing materials

12. Liability and Indemnification: Limitation of liability and mutual indemnification provisions

13. General Provisions: Standard clauses including governing law, notices, amendment process, and entirety of agreement

Optional Sections

1. Non-Compete: Post-termination restrictions on broker's activities, recommended for high-value relationships

2. Data Protection: Specific provisions for handling personal data, required if dealing with individual clients

3. Insurance: Requirements for professional liability insurance, recommended for high-risk sectors

4. Marketing and Promotion: Specific requirements for marketing activities and brand usage, useful for consumer-facing services

5. Dispute Resolution: Mediation or arbitration procedures, recommended for international relationships

6. Force Majeure: Provisions for unforeseen circumstances, useful in long-term agreements

7. Compliance with Laws: Specific regulatory compliance obligations, necessary for regulated industries

8. Training and Support: Details of principal's support obligations, useful for complex products/services

Suggested Schedules

1. Commission Schedule: Detailed breakdown of commission rates, calculation methods, and examples

2. Territory Definition: Precise definition of geographical or market territory, including maps or customer segments

3. Product/Service Schedule: Detailed list of products or services covered by the agreement

4. Performance Metrics: Specific KPIs and performance targets

5. Approved Marketing Materials: List of pre-approved marketing materials and usage guidelines

6. Reporting Templates: Standard forms for regular reporting requirements

7. Contact Details: Key contact persons and escalation procedures

8. Compliance Procedures: Detailed compliance requirements and procedures

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Laws
Broker
Broker Services
Business Day
Commencement Date
Commission
Confidential Information
Customer
Eligible Transaction
Exclusive Period
Exclusive Rights
Exclusive Territory
Force Majeure Event
Intellectual Property Rights
Licensed Materials
Marketing Materials
Minimum Performance Requirements
Net Sales Value
Performance Metrics
Principal
Products
Professional Standards
Qualified Lead
Quarterly Report
Related Parties
Reporting Period
Services
Specified Market Segment
Success Fee
Term
Territory
Transaction
Working Hours
Clauses
Appointment
Exclusivity
Territory
Term and Duration
Broker Services
Commission
Payment Terms
Performance Requirements
Reporting Obligations
Principal's Obligations
Broker's Obligations
Representations and Warranties
Confidentiality
Intellectual Property
Data Protection
Non-Competition
Non-Solicitation
Limitation of Liability
Indemnification
Insurance
Force Majeure
Termination
Consequences of Termination
Assignment
Notices
Amendments
Severability
Entire Agreement
Governing Law
Dispute Resolution
Language
Compliance with Laws
Further Assurance
Costs
Counterparts
Relevant Industries

Real Estate

Financial Services

Insurance

Commodities Trading

Investment Banking

Luxury Goods

Art and Collectibles

Commercial Property

Industrial Equipment

International Trade

Securities Trading

Private Banking

Business Consulting

Merger & Acquisition

Relevant Teams

Legal

Commercial

Sales

Business Development

Compliance

Contract Management

Partner Relations

Business Affairs

Operations

Risk Management

Relevant Roles

Chief Executive Officer

Commercial Director

Business Development Manager

Sales Director

Legal Counsel

Compliance Officer

Contract Manager

Relationship Manager

Broker Relations Manager

Territory Manager

Channel Manager

Partnership Director

Chief Commercial Officer

Sales Operations Manager

Business Affairs Director

Industries
Swiss Code of Obligations (OR) - Articles 394-406: Primary legislation governing mandate agreements (Auftragsrecht), which forms the basic framework for brokerage contracts
Swiss Code of Obligations (OR) - Articles 412-418: Specific provisions governing brokerage agreements (Mäklervertrag), including broker's duties, commission rights, and termination conditions
Swiss Code of Obligations (OR) - Articles 1-40: General provisions on formation of contracts, including requirements for valid contracts, offer and acceptance, and form requirements
Federal Act on Cartels and Other Restraints of Competition: Relevant for exclusive agreements to ensure compliance with competition law, particularly regarding market restrictions and dominant positions
Swiss Code of Obligations (OR) - Articles 418a-418v: Provisions on commercial agency agreements, which may be relevant by analogy for exclusive brokerage relationships
Cantonal Real Estate Broker Regulations: Local regulations governing real estate brokerage activities, including licensing requirements and professional standards (specific to each canton)
Federal Act on Unfair Competition (UWG): Governs fair business practices and prohibits misleading or deceptive conduct in commercial relationships
Federal Act on Financial Services (FinSA): May be relevant if the brokerage involves financial instruments or securities, including requirements for professional brokers
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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