The Preferred Partner Agreement is a strategic commercial contract used to formalize privileged business relationships between companies operating under Swiss law. It is particularly valuable when one company wishes to grant another organization special status with preferential treatment, such as favorable pricing, priority access to resources, or exclusive rights in specific territories or market segments. The agreement typically includes detailed provisions on commercial terms, performance expectations, and compliance requirements, while adhering to Swiss regulatory frameworks, particularly in areas of competition law, data protection, and commercial relationships. This document is essential for businesses looking to create strong, formalized partnerships with key strategic allies while maintaining compliance with Swiss legal requirements and protecting both parties' interests.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief description of both parties' businesses and their intention to enter into a preferred partnership
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Partnership: Detailed description of the preferred partnership arrangement and its scope
5. Partner Status and Rights: Specific rights, benefits, and status granted to the preferred partner
6. Obligations of the Parties: Detailed responsibilities and commitments of both parties
7. Commercial Terms: Key commercial provisions including pricing, payment terms, and any preferential rates or conditions
8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
9. Confidentiality: Provisions regarding the protection and handling of confidential information
10. Intellectual Property: Rights and restrictions regarding the use of each party's intellectual property
11. Data Protection: Compliance with Swiss data protection laws and data handling procedures
12. Liability and Indemnification: Allocation of risks and responsibilities between the parties
13. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Marketing and Promotion: Rules for marketing the partnership and using each other's brands - include when the partnership involves joint marketing activities
2. Service Levels: Specific performance metrics and standards - include when the partnership involves service delivery
3. Territory Restrictions: Geographical limitations of the partnership - include for partnerships with territorial exclusivity
4. Non-Competition: Restrictions on competing activities - include when exclusivity is a key aspect of the partnership
5. Training and Support: Details of training and support provisions - include when one party provides technical or operational support to the other
6. Insurance Requirements: Specific insurance obligations - include when the partnership involves significant operational risks
7. Compliance with Laws: Specific regulatory compliance obligations - include when the partnership involves regulated activities
8. Change Control: Procedures for managing changes to the agreement - include for long-term or complex partnerships
1. Schedule 1 - Commercial Terms: Detailed pricing, payment terms, and commercial conditions
2. Schedule 2 - Service Specifications: Detailed description of services or products covered by the partnership
3. Schedule 3 - Partner Benefits: Detailed list of preferential benefits and rights granted to the partner
4. Schedule 4 - Performance Metrics: Specific KPIs and performance measurement criteria
5. Schedule 5 - Technical Requirements: Technical specifications or requirements for the partnership
6. Appendix A - Contact Details: Key contacts and escalation procedures
7. Appendix B - Approved Marketing Materials: Pre-approved marketing materials and brand guidelines
8. Appendix C - Compliance Checklist: Required compliance measures and certifications
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