Direct Selling Agreement Template for Switzerland

This Direct Selling Agreement is designed for use in Switzerland when establishing a formal relationship between a company and independent sellers/consultants who will market and sell products directly to consumers. The document incorporates requirements from Swiss federal law, including the Code of Obligations, consumer protection regulations, and direct selling specific legislation. It's particularly relevant for companies expanding their direct selling operations in Switzerland or updating existing agreements to ensure compliance with current regulations. The agreement covers crucial elements such as independent contractor status, territory rights, commission structures, product handling, customer protection, and data privacy requirements. It's structured to provide clear guidelines while maintaining flexibility for various business models and product types within the Swiss market.

1. Parties: Identification of the direct selling company and the independent seller, including full legal names and addresses

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

3. Definitions: Key terms used throughout the agreement, including Products, Territory, Customers, Commission, etc.

4. Appointment and Status: Appointment of the direct seller and explicit confirmation of independent contractor status

5. Rights and Obligations of Direct Seller: Core responsibilities including sales activities, customer service, reporting, and compliance requirements

6. Company Obligations: Company's commitments regarding product supply, training, and support

7. Territory and Customers: Definition of authorized sales territory and customer segments

8. Products and Ordering: Product handling, ordering procedures, and inventory management

9. Prices and Commission: Pricing policies, commission structure, and payment terms

10. Intellectual Property: Usage rights for trademarks, marketing materials, and other IP

11. Confidentiality: Protection of business secrets and confidential information

12. Data Protection: Compliance with Swiss data protection laws and data handling procedures

13. Non-Competition: Competitive restrictions during and after the agreement

14. Term and Termination: Duration, renewal, and termination provisions

15. Post-Termination: Obligations and procedures following agreement termination

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