The Sales Partnership Agreement is a crucial commercial contract used when a company (principal) wishes to expand its market reach by appointing a sales partner to promote and sell its products or services in a defined territory. This agreement, governed by Swiss law and particularly the Swiss Code of Obligations, establishes the framework for the commercial relationship, defining crucial elements such as territory rights, commission structures, performance expectations, and both parties' obligations. It's particularly valuable for companies entering new markets or expanding their sales channels without establishing their own direct sales force. The document includes comprehensive provisions for intellectual property protection, confidentiality, performance metrics, and termination conditions, ensuring compliance with Swiss commercial law while protecting both parties' interests.
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1. Parties: Identification and details of the contracting parties - the principal company and the sales partner
2. Background: Context of the agreement, brief description of parties' businesses, and purpose of the partnership
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Territory: Formal appointment of sales partner and definition of geographical territory
5. Rights and Obligations of Sales Partner: Detailed responsibilities, performance standards, and conduct requirements for the sales partner
6. Rights and Obligations of Principal: Principal's commitments, support provisions, and responsibilities to the sales partner
7. Commission Structure: Details of commission rates, calculation methods, and payment terms
8. Intellectual Property Rights: Protection and usage rights of trademarks, logos, and other IP
9. Confidentiality: Obligations regarding confidential information and trade secrets
10. Term and Termination: Duration of agreement, renewal terms, and termination provisions
11. Post-Termination Obligations: Obligations and restrictions after agreement ends
12. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction for disputes
13. General Provisions: Standard clauses including force majeure, notices, and entire agreement
1. Non-Competition: Restrictions on competing activities during and after the agreement - include when exclusivity is required
2. Performance Targets: Specific sales targets and consequences - include when performance metrics are crucial
3. Training and Support: Details of training programs and ongoing support - include for complex products/services
4. Marketing and Promotion: Marketing obligations and cost sharing - include when joint marketing is planned
5. Insurance Requirements: Specific insurance coverage requirements - include for high-risk products/services
6. Data Protection: FADP compliance measures - include when personal data processing is involved
7. Sub-Contractors: Rights and restrictions regarding sub-contracting - include when sub-contracting might be needed
8. Minimum Purchase Requirements: Minimum order quantities or values - include for product-based partnerships
1. Schedule 1 - Products/Services: Detailed list of products or services covered by the agreement
2. Schedule 2 - Commission Rates: Detailed commission structure, including any variations by product/service
3. Schedule 3 - Territory Definition: Detailed description of geographical territories, including any exclusions
4. Schedule 4 - Performance Metrics: Specific KPIs, targets, and measurement methods
5. Schedule 5 - Approved Marketing Materials: List of approved marketing materials and usage guidelines
6. Schedule 6 - Technical Requirements: Technical specifications or requirements for service delivery
7. Appendix A - Reporting Templates: Standard templates for regular reporting requirements
8. Appendix B - Operating Procedures: Detailed operational procedures and processes
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