Sales Referral Agreement Template for Switzerland

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Key Requirements PROMPT example:

Sales Referral Agreement

"I need a Sales Referral Agreement for my Swiss software company to engage multiple international referral partners, with a tiered commission structure and provisions for sub-referrers, to be effective from March 2025."

Document background
The Sales Referral Agreement is a crucial commercial contract used when businesses seek to expand their customer base through third-party referrals in the Swiss market. This document establishes the legal framework for a referral relationship where one party (the referrer) introduces potential customers to another party's (the principal's) products or services in exchange for defined compensation. The agreement is particularly important in the Swiss business context as it must comply with specific requirements under the Swiss Code of Obligations, data protection laws, and competition regulations. It typically includes detailed provisions on referral processes, compensation structures, territorial rights, and compliance obligations. The Sales Referral Agreement is commonly used across various industries and can be adapted to accommodate both B2B and B2C referral arrangements, making it a versatile tool for business development while ensuring legal compliance in the Swiss jurisdiction.
Suggested Sections

1. Parties: Identification of the Principal (company receiving referrals) and the Referrer, including full legal names, registration numbers, and addresses

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 'Qualified Referral', 'Referral Fee', 'Products/Services', 'Territory'

4. Appointment and Scope: Terms of appointment, nature of the relationship (non-exclusive/exclusive), and territorial scope

5. Referrer's Obligations: Specific duties of the Referrer, including referral process, communication requirements, and professional conduct standards

6. Principal's Obligations: Responsibilities of the Principal, including handling of referrals, service standards, and communication requirements

7. Referral Process: Detailed process for making and accepting referrals, including documentation and tracking requirements

8. Compensation: Structure of referral fees, calculation method, payment terms, and conditions for fee eligibility

9. Intellectual Property: Usage rights for trademarks, logos, and marketing materials

10. Confidentiality: Protection of confidential information and trade secrets

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

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

13. General Provisions: Standard legal clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

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

2. Training and Support: Details of training and support provided by Principal, included for complex products/services

3. Marketing and Promotion: Guidelines for marketing activities, included when Referrer will conduct active promotion

4. Insurance: Insurance requirements, included for high-value or regulated services

5. Compliance with Laws: Specific regulatory compliance requirements, included for regulated industries

6. Audit Rights: Right to audit referral records, included for high-volume or complex fee structures

7. Sub-referrers: Terms for engaging sub-referrers, included when allowing delegation of referral activities

8. Force Majeure: Provisions for unforeseen circumstances, included for long-term or critical relationships

Suggested Schedules

1. Schedule 1 - Compensation Structure: Detailed fee calculations, commission tiers, and bonus structures

2. Schedule 2 - Products and Services: List and description of products/services eligible for referral

3. Schedule 3 - Referral Process Flowchart: Visual representation of the referral process and requirements

4. Schedule 4 - Reporting Templates: Standard forms for referral submission and tracking

5. Schedule 5 - Territory Definition: Detailed description of geographical or market segment limitations

6. Appendix A - Approved Marketing Materials: Pre-approved marketing content and usage guidelines

7. Appendix B - Data Protection Protocol: Detailed procedures for handling personal data in compliance with Swiss law

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

Financial Services

Information Technology

Professional Services

Real Estate

Insurance

Healthcare

Manufacturing

Telecommunications

Consulting

Software and SaaS

Education and Training

Business Services

Relevant Teams

Legal

Business Development

Sales

Compliance

Commercial Operations

Partner Relations

Revenue Operations

Contract Administration

Marketing

Finance

Relevant Roles

Business Development Manager

Sales Director

Channel Partner Manager

Legal Counsel

Commercial Director

Partnership Manager

Chief Revenue Officer

Sales Operations Manager

Compliance Officer

Contract Manager

Chief Commercial Officer

Account Executive

Business Development Representative

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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