Marketing Sales Agreement Template for Switzerland

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Key Requirements PROMPT example:

Marketing Sales Agreement

"Need a Marketing Sales Agreement for our Swiss tech company engaging a digital marketing agency to promote our software products across German-speaking regions, with exclusive rights and performance-based commission structure starting March 2025."

Document background
The Marketing Sales Agreement is essential for businesses operating in Switzerland who wish to formalize their marketing and sales relationships with external service providers. This document is particularly crucial when companies seek to expand their market presence through professional marketing services while ensuring compliance with Swiss regulatory requirements. The agreement covers vital aspects such as service scope, compensation, performance metrics, and territorial rights, while incorporating necessary provisions from the Swiss Code of Obligations, data protection laws, and marketing regulations. It's commonly used when establishing new marketing partnerships, launching products in new markets, or restructuring existing marketing arrangements. The document provides a robust framework for both parties to understand their rights, obligations, and performance expectations while ensuring legal compliance in the Swiss market.
Suggested Sections

1. Parties: Identification and details of the contracting parties

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 marketing and sales services to be provided

5. Territory: Geographic areas where marketing services will be performed

6. Compensation and Payment Terms: Fee structure, commission rates, payment schedule, and invoicing procedures

7. Performance Metrics: Key performance indicators (KPIs) and measurement criteria

8. Obligations of the Marketing Partner: Specific duties, responsibilities, and commitments of the marketing partner

9. Obligations of the Principal: Support, materials, and resources to be provided by the principal company

10. Intellectual Property Rights: Usage rights and protection of trademarks, logos, and marketing materials

11. Confidentiality: Protection of confidential information and trade secrets

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

13. Term and Termination: Duration of agreement and termination provisions

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

15. General Provisions: Standard legal clauses including severability, entire agreement, and amendments

Optional Sections

1. Exclusivity: Terms of exclusive marketing rights, used when granting exclusive territory or product rights

2. Marketing Budget: Detailed budget allocation and approval processes, used for agreements with shared marketing expenses

3. International Marketing: Specific provisions for cross-border marketing activities, used when marketing extends beyond Switzerland

4. Digital Marketing: Specific terms for online marketing activities, used when digital marketing is a significant component

5. Sub-contractors: Terms for engaging third-party service providers, used when subcontracting is permitted

6. Training and Support: Details of training programs and ongoing support, used for complex product marketing

7. Insurance: Insurance requirements and coverage details, used for high-risk marketing activities

8. Non-Competition: Restrictions on competing activities, used when protecting market position is crucial

9. Minimum Performance Requirements: Specific sales targets or minimum performance levels, used for performance-based agreements

Suggested Schedules

1. Schedule A - Products and Services: Detailed list of products/services covered by the marketing agreement

2. Schedule B - Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods

3. Schedule C - Marketing Territory: Detailed maps or descriptions of authorized marketing territories

4. Schedule D - Approved Marketing Materials: List of pre-approved marketing materials and brand guidelines

5. Schedule E - KPI Metrics and Reporting Templates: Detailed performance metrics and required reporting formats

6. Schedule F - Contact Details: Key personnel and communication protocols

7. Appendix 1 - Brand Guidelines: Comprehensive brand usage and style guidelines

8. Appendix 2 - Data Protection Protocols: Detailed procedures for handling customer data and ensuring FADP compliance

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

Retail

Consumer Goods

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Entertainment

Telecommunications

E-commerce

Luxury Goods

Food and Beverage

Pharmaceutical

Automotive

Real Estate

Relevant Teams

Marketing

Sales

Business Development

Legal

Commercial Operations

Brand Management

Product Management

Digital Marketing

Market Research

Contract Administration

Communications

Corporate Strategy

Relevant Roles

Chief Marketing Officer

Sales Director

Marketing Manager

Business Development Manager

Brand Manager

Commercial Director

Marketing Coordinator

Sales Manager

Product Manager

Channel Manager

Marketing Operations Manager

Digital Marketing Manager

Chief Commercial Officer

Head of Sales

Marketing Communications Manager

Contract Manager

Legal Counsel

Business Development Director

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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