Marketing Referral Agreement Template for Switzerland

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Key Requirements PROMPT example:

Marketing Referral Agreement

"I need a Marketing Referral Agreement under Swiss law for my software company to establish a referral program with digital marketing agencies, including a tiered commission structure and strict data protection provisions, with the program starting January 2025."

Document background
The Marketing Referral Agreement serves as a crucial legal framework for businesses operating in Switzerland who wish to expand their market reach through formal referral partnerships. This document is essential when companies want to establish clear terms for receiving and compensating business referrals, ensuring compliance with Swiss legal requirements including data protection regulations, competition law, and the Swiss Code of Obligations. The agreement typically covers commission structures, referral processes, compliance requirements, and risk allocation between parties. It's particularly valuable for businesses seeking to leverage external networks for growth while maintaining legal compliance and protecting their interests under Swiss jurisdiction.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and registration details

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

3. Definitions: Key terms used throughout the agreement, including 'Referral', 'Qualified Lead', 'Commission', 'Territory', etc.

4. Appointment and Scope: Terms of appointment, exclusivity/non-exclusivity, and territorial scope of the referral arrangement

5. Referral Process: Detailed process for making and accepting referrals, including lead qualification criteria and tracking mechanisms

6. Commission Structure: Payment terms, commission rates, calculation methods, and payment schedule

7. Parties' Obligations: Specific responsibilities of both referrer and company, including service levels and performance standards

8. Marketing and Branding: Guidelines for use of trademarks, marketing materials, and brand representation

9. Data Protection and Privacy: Compliance with Swiss data protection laws, data handling procedures, and privacy requirements

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Duration of the agreement, renewal terms, and termination rights

12. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements

13. Governing Law and Jurisdiction: Swiss law as governing law and jurisdiction for dispute resolution

14. General Provisions: Standard clauses including force majeure, notices, assignment, and entire agreement

Optional Sections

1. Non-Compete: Restrictions on competing activities during and after the agreement term. Include when protecting market position is crucial

2. Training and Support: Details of training and support provided to the referrer. Include when significant product knowledge is required

3. Performance Targets: Specific referral targets and consequences of meeting/missing them. Include when performance measurement is important

4. Audit Rights: Right to audit referral records and commission calculations. Include for high-value or complex commission structures

5. Sub-referrers: Terms for appointing and managing sub-referrers. Include when allowing referral network expansion

6. International Provisions: Specific provisions for cross-border referrals. Include when operating internationally

7. Compliance with Industry Regulations: Specific regulatory compliance requirements. Include for regulated industries

Suggested Schedules

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

2. Referral Process Workflow: Step-by-step process flow for referral submission, tracking, and conversion

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

4. Data Processing Agreement: Detailed terms for handling personal data in compliance with Swiss data protection laws

5. Service Level Agreement: Performance metrics, response times, and service standards

6. Territory Definition: Detailed description of geographical or market segment limitations

7. Reporting Templates: Standard formats for referral tracking and commission reporting

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

Clauses
Relevant Industries

Professional Services

Financial Services

Technology

Real Estate

Insurance

Management Consulting

Digital Marketing

Software and SaaS

Healthcare

Education and Training

Telecommunications

Business Services

Relevant Teams

Business Development

Marketing

Sales

Legal

Compliance

Partner Relations

Commercial Operations

Account Management

Channel Management

Business Operations

Relevant Roles

Business Development Manager

Marketing Director

Sales Manager

Channel Partner Manager

Chief Marketing Officer

Partnership Manager

Legal Counsel

Compliance Officer

Commercial Director

Account Manager

Chief Executive Officer

Operations Manager

Chief Business Officer

Partner Success 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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