The Referral Commission Agreement is essential for businesses operating in Switzerland that wish to formalize their referral relationships and commission structures. This document is commonly used when companies seek to expand their customer base through third-party referrals, establishing clear terms for commission payments and referral processes. The agreement must comply with Swiss law, particularly the Swiss Code of Obligations (OR), data protection regulations (FADP), and relevant industry-specific regulations. It's particularly important in sectors where referral business is common, such as financial services, real estate, and professional services. The document includes comprehensive details about commission calculations, payment terms, referral processes, and compliance requirements, while ensuring alignment with Swiss commercial law principles and practices.
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1. Parties: Identification and details of the principal and the referrer, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, business relationship, and general purpose of the referral arrangement
3. Definitions: Key terms used throughout the agreement, including 'Successful Referral', 'Commission', 'Referred Customer', etc.
4. Appointment and Scope: Terms of appointment of the referrer and scope of referral services
5. Referral Process: Detailed process for making referrals, including communication methods and documentation requirements
6. Commission Structure: Commission rates, calculation methods, and payment terms
7. Payment Terms: Timing of payments, invoicing requirements, and payment methods
8. Obligations of the Referrer: Referrer's duties, responsibilities, and service standards
9. Obligations of the Principal: Principal's commitments, including processing referrals and commission payments
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: Compliance with Swiss data protection laws and handling of personal data
13. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
1. Non-Compete: Restrictions on referrer's ability to work with competitors (use when protecting market position is crucial)
2. Intellectual Property: Protection and usage rights of trademarks and materials (include when branded materials are provided)
3. Insurance: Insurance requirements for the referrer (relevant for high-value or regulated services)
4. Audit Rights: Right to audit referral records (important for complex commission structures or high-volume referrals)
5. Force Majeure: Provisions for unforeseen circumstances preventing performance (relevant in long-term arrangements)
6. Anti-Bribery and Corruption: Compliance with anti-corruption laws (essential for international arrangements or regulated industries)
7. Marketing and Promotion: Guidelines for marketing activities and use of principal's name (include when referrer will conduct marketing)
1. Commission Rates Schedule: Detailed breakdown of commission rates, tiers, and special rates for different products/services
2. Referral Process Flowchart: Visual representation of the referral process and documentation requirements
3. Approved Marketing Materials: List and examples of approved marketing materials and messaging
4. Reporting Templates: Standard forms for referral submissions and commission calculations
5. Service Territory: Definition of geographical areas or market segments covered by the agreement
6. Data Processing Requirements: Specific procedures for handling personal data in compliance with FADP
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Professional Services
Real Estate
Insurance
Technology and Software
Management Consulting
Legal Services
Healthcare
Education and Training
Business Services
Telecommunications
Marketing and Advertising
Relevant Teams
Legal
Sales
Business Development
Compliance
Finance
Commercial Operations
Partner Relations
Contract Administration
Revenue Operations
Account Management
Relevant Roles
Business Development Manager
Sales Director
Channel Partner Manager
Legal Counsel
Compliance Officer
Commercial Director
Partnership Manager
Chief Revenue Officer
Account Manager
Business Development Representative
Sales Operations Manager
Contract Manager
Relationship Manager
Chief Commercial Officer
Partner Success Manager
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