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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."
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
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
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
Affiliate
Applicable Law
Business Day
Commencement Date
Commission
Confidential Information
Data Protection Laws
Effective Date
Force Majeure Event
Intellectual Property Rights
Lead
Marketing Materials
Personal Data
Principal
Products
Qualified Lead
Qualified Referral
Referral
Referral Fee
Referral Period
Referral Process
Referrer
Services
Subsidiary
Swiss Data Protection Laws
Territory
Term
Trademarks
Valid Claim
Scope of Services
Territory
Exclusivity
Referral Process
Commission
Payment Terms
Performance Obligations
Marketing and Promotion
Intellectual Property
Confidentiality
Data Protection
Privacy
Non-Compete
Non-Solicitation
Representations and Warranties
Liability
Indemnification
Insurance
Force Majeure
Term
Termination
Assignment
Severability
Entire Agreement
Notices
Governing Law
Dispute Resolution
Compliance with Laws
Anti-Corruption
Audit Rights
Amendment
Waiver
Third Party Rights
Costs
Professional Services
Financial Services
Technology
Real Estate
Insurance
Management Consulting
Digital Marketing
Software and SaaS
Healthcare
Education and Training
Telecommunications
Business Services
Business Development
Marketing
Sales
Legal
Compliance
Partner Relations
Commercial Operations
Account Management
Channel Management
Business Operations
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
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