The International Sales Representative Agreement is essential for companies seeking to expand their market presence through independent sales representatives in international territories. This agreement type is particularly relevant under Swiss law, which provides a sophisticated framework for international commercial relationships. The document outlines crucial aspects including territorial rights, commission structures, performance metrics, and compliance requirements. It's designed to protect both the principal company's interests in market development and the representative's commercial rights, while ensuring compliance with Swiss legal requirements and international trade regulations. The agreement is commonly used when a company wants to establish a sales presence in new markets without creating a subsidiary or direct employment relationship, incorporating specific provisions required under Swiss law while maintaining flexibility for international operations.
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1. Parties: Identification and details of the Principal company and the Sales Representative
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement
4. Appointment and Territory: Formal appointment of the representative and definition of the territorial scope
5. Rights and Obligations of the Sales Representative: Detailed responsibilities, performance standards, and conduct requirements
6. Rights and Obligations of the Principal: Principal's commitments, support provisions, and responsibilities
7. Commission Structure: Detailed commission rates, calculation methods, and payment terms
8. Sales Targets: Minimum performance requirements and sales objectives
9. Intellectual Property Rights: Usage rights and restrictions regarding the Principal's IP
10. Confidentiality: Confidentiality obligations and handling of proprietary information
11. Term and Termination: Duration of agreement and termination provisions
12. Post-Termination Obligations: Obligations and restrictions after agreement ends
13. Compliance with Laws: Regulatory compliance requirements and anti-corruption provisions
14. Governing Law and Jurisdiction: Choice of Swiss law and jurisdiction for dispute resolution
15. General Provisions: Standard clauses including force majeure, notices, and amendments
1. Non-Competition: Restrictions on competing activities during and after the agreement - include when exclusivity is required
2. Training and Support: Specific training and support provisions - include for complex products or services
3. Marketing and Advertising: Marketing requirements and restrictions - include when representative has marketing responsibilities
4. Insurance Requirements: Specific insurance coverage requirements - include for high-value products or regulated industries
5. Data Protection: GDPR and Swiss data protection compliance - include when handling personal data
6. Sub-agents: Rights and restrictions regarding appointment of sub-agents - include when sub-agents may be needed
7. Minimum Purchase Requirements: Minimum stock or purchase obligations - include for product-based relationships
8. Customer Service Standards: Detailed customer service requirements - include for customer-facing roles
1. Schedule 1 - Territory Definition: Detailed description of geographical territories and any exclusions
2. Schedule 2 - Products/Services: Comprehensive list of products or services covered by the agreement
3. Schedule 3 - Commission Rates: Detailed commission structure, including any variations by product or customer type
4. Schedule 4 - Sales Targets: Specific sales targets and measurement criteria
5. Schedule 5 - Reporting Requirements: Templates and procedures for sales reporting
6. Schedule 6 - Marketing Guidelines: Brand guidelines and marketing requirements
7. Schedule 7 - Training Program: Details of required training and certification programs
8. Appendix A - Standard Operating Procedures: Detailed operational procedures and requirements
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology and Software
Consumer Goods
Industrial Equipment
Pharmaceuticals and Healthcare
Professional Services
Financial Services
Automotive
Telecommunications
Fashion and Luxury Goods
Construction and Building Materials
Chemical and Materials
Agriculture and Food Products
Relevant Teams
Legal
Sales
International Business Development
Compliance
Commercial Operations
Contract Administration
Export
Finance
Business Development
Risk Management
Relevant Roles
Chief Executive Officer
Sales Director
International Business Development Manager
Legal Counsel
Compliance Officer
Commercial Director
Export Manager
Regional Sales Manager
Channel Development Manager
Business Development Director
Contract Manager
Head of Sales Operations
Chief Commercial Officer
International Sales Coordinator
Sales Representative
Agency Relations Manager
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