Sub Agent Contract Template for Switzerland

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Key Requirements PROMPT example:

Sub Agent Contract

"I need a Sub Agent Contract for appointing a Swiss-based sub-agent to distribute luxury watches in the DACH region, with exclusive territory rights and a 5% commission structure, to commence from January 2025."

Document background
The Sub Agent Contract is essential in business arrangements where a principal agent needs to delegate certain responsibilities and authority to another party (sub-agent) under Swiss law. This document is commonly used in situations requiring extended distribution networks, territorial expansion, or specialized representation in specific markets. The contract carefully outlines the hierarchical relationship between the principal, main agent, and sub-agent, ensuring compliance with Swiss legal requirements, particularly the Swiss Code of Obligations. It addresses crucial aspects such as scope of authority, compensation, reporting structures, and liability allocation. This agreement is particularly important in maintaining clear lines of responsibility and authority while protecting the interests of all parties involved in the agency chain.
Suggested Sections

1. Parties: Identification of the Principal Agent (appointing party) and the Sub-Agent

2. Background: Context of the appointment, including reference to the main agency agreement and reason for sub-agent appointment

3. Definitions: Key terms used throughout the agreement, including specific industry terminology

4. Appointment and Scope: Formal appointment of sub-agent and detailed scope of authority

5. Duration and Termination: Term of the agreement and circumstances for termination

6. Sub-Agent's Duties and Obligations: Detailed responsibilities, reporting requirements, and standard of service

7. Principal Agent's Duties and Obligations: Support, information, and resources to be provided to the sub-agent

8. Compensation and Payment Terms: Commission structure, payment schedule, and expense policies

9. Confidentiality: Protection of confidential information and trade secrets

10. Non-Competition and Non-Solicitation: Restrictions on competitive activities during and after the agreement

11. Liability and Indemnification: Allocation of risks and responsibilities between parties

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

Optional Sections

1. Intellectual Property Rights: Required when the sub-agent will be handling or creating intellectual property

2. Data Protection: Necessary when personal data processing is involved, ensuring compliance with Swiss DPA

3. Insurance Requirements: Included when specific insurance coverage is required from the sub-agent

4. International Operations: Required for cross-border activities, addressing multiple jurisdictions

5. Training and Support: Included when specific training or ongoing support will be provided

6. Performance Metrics: When specific performance standards and evaluation criteria are necessary

7. Marketing and Branding: Required when sub-agent will be representing the brand or using marketing materials

Suggested Schedules

1. Schedule 1 - Commission Structure: Detailed breakdown of commission rates and calculation methods

2. Schedule 2 - Territory Definition: Specific geographical areas or market segments covered by the sub-agent

3. Schedule 3 - Reporting Requirements: Templates and timing for required reports and communications

4. Schedule 4 - Approved Products/Services: List of products or services the sub-agent is authorized to represent

5. Schedule 5 - Operating Procedures: Detailed procedures and protocols for day-to-day operations

6. Appendix A - Main Agency Agreement Extract: Relevant portions of the main agency agreement affecting the sub-agent

7. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements

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

Insurance

Real Estate

Financial Services

Manufacturing

Retail Distribution

Pharmaceuticals

Technology

Import/Export

Luxury Goods

Professional Services

Telecommunications

Travel and Tourism

Relevant Teams

Legal

Sales

Business Development

Commercial Operations

Compliance

Contract Administration

Distribution

Channel Management

International Operations

Partner Relations

Relevant Roles

Business Development Manager

Sales Director

Legal Counsel

Commercial Director

Distribution Manager

Regional Manager

Agency Manager

Compliance Officer

Contract Administrator

Operations Manager

Channel Partner Manager

Territory Manager

Chief Commercial Officer

Sales Operations 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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