Consulting Commission Agreement Template for Switzerland

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Key Requirements PROMPT example:

Consulting Commission Agreement

"I need a Consulting Commission Agreement for a Swiss technology consultant who will help sell our software solutions in the DACH region, with a 15% commission on successful sales and additional performance bonuses for reaching quarterly targets, starting March 1, 2025."

Document background
The Consulting Commission Agreement is designed for business relationships under Swiss law where consultants provide professional services in exchange for commission-based compensation. This document is particularly relevant when engaging external expertise for business development, sales, or advisory services where compensation is tied to specific outcomes or transactions. The agreement ensures compliance with Swiss legal requirements, including the Swiss Code of Obligations' provisions on service contracts and commission arrangements. It addresses key aspects such as service scope, commission calculations, performance standards, and regulatory compliance, while providing flexibility to accommodate various business scenarios. This type of agreement is commonly used when establishing long-term consulting relationships where the consultant's compensation is directly linked to their success in generating business or achieving specific results for the principal.
Suggested Sections

1. Parties: Identification and details of the contracting parties (principal and consultant)

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

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of consulting services to be provided

5. Commission Structure: Details of commission calculation, rates, and payment terms

6. Term and Termination: Duration of the agreement and termination provisions

7. Obligations of the Consultant: Consultant's duties, responsibilities, and performance standards

8. Obligations of the Principal: Principal's duties, including provision of information and support

9. Payment Terms: Invoice procedures, payment schedules, and currency specifications

10. Confidentiality: Protection of confidential information and trade secrets

11. Intellectual Property Rights: Ownership and usage rights of created materials and pre-existing IP

12. Liability and Indemnification: Limitations of liability and indemnification obligations

13. General Provisions: Standard clauses including notices, amendments, and governing law

14. Signatures: Execution blocks for all parties

Optional Sections

1. Non-Competition: Restrictions on competitive activities, used when consultant may have access to sensitive market information

2. Data Protection: Specific provisions for handling personal data, required when processing personal data under Swiss FADP

3. Insurance: Insurance requirements, recommended for high-value or high-risk consulting services

4. Force Majeure: Provisions for unforeseen circumstances, useful for long-term consulting arrangements

5. Compliance with Laws: Specific regulatory compliance obligations, important for regulated industries

6. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors, needed for complex service arrangements

7. Dispute Resolution: Specific dispute resolution procedures, recommended for international agreements

8. Performance Metrics: Specific KPIs and performance standards, useful for complex or results-based arrangements

Suggested Schedules

1. Schedule 1 - Service Description: Detailed specification of consulting services and deliverables

2. Schedule 2 - Commission Rates: Detailed commission calculations, thresholds, and examples

3. Schedule 3 - Service Levels: Performance standards and measurement criteria

4. Schedule 4 - Report Templates: Standard formats for activity and performance reporting

5. Schedule 5 - Key Personnel: List of key individuals involved in service delivery

6. Appendix A - Compliance Requirements: Specific regulatory or industry compliance requirements

7. Appendix B - Data Processing Agreement: Detailed data protection and processing requirements if applicable

8. Appendix C - Insurance Requirements: Specific insurance coverage requirements and minimums

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

Professional Services

Financial Services

Technology

Real Estate

Manufacturing

Retail

Healthcare

Insurance

Management Consulting

Information Technology

Telecommunications

Business Services

Education and Training

Industrial Services

Sales and Distribution

Relevant Teams

Legal

Business Development

Sales

Procurement

Human Resources

Commercial

Operations

Contract Management

Compliance

Finance

Strategy

Relevant Roles

Chief Executive Officer

Legal Counsel

Business Development Manager

Sales Director

Procurement Manager

Human Resources Director

Commercial Director

Operations Manager

Contract Manager

Compliance Officer

Finance Director

Strategy Consultant

Sales Consultant

Business Advisor

Independent Contractor

Project 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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