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1. Parties: Identification of the contracting parties - the company and the sales consultant, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement and brief description of the business relationship to be established
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Territory', 'Clients', 'Confidential Information', etc.
4. Appointment and Scope: Terms of appointment and detailed description of the sales consulting services to be provided
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination
6. Consultant's Obligations: Key responsibilities, performance standards, reporting requirements, and compliance obligations
7. Company's Obligations: Support, resources, and information the company will provide to the consultant
8. Compensation: Fee structure, commission rates, payment terms, and expenses policy
9. Intellectual Property: Ownership and protection of IP created during the engagement
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: Compliance with Swiss data protection laws and handling of personal data
12. Status of Consultant: Clear statement of independent contractor status or employment relationship
13. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
1. Non-Compete: Restrictions on competitive activities, used when the consultant will have access to sensitive information or significant client relationships
2. Insurance: Requirements for professional liability insurance, relevant for high-value sales or consulting activities
3. Performance Targets: Specific sales targets or KPIs, included when compensation is performance-based
4. Training Requirements: Mandatory training or certification requirements, included for regulated industries or specific product knowledge
5. Territory Exclusivity: Grants of exclusive territories or client groups, used in specific geographical or market-focused arrangements
6. Compliance with Industry Regulations: Specific regulatory compliance requirements, included for regulated industries
7. Sub-contractors: Rights and conditions for engaging sub-contractors, included when sub-contracting might be necessary
8. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term or high-value contracts
1. Schedule 1 - Services Description: Detailed description of the consulting services, methodologies, and deliverables
2. Schedule 2 - Compensation Structure: Detailed commission rates, bonus structures, and calculation methods
3. Schedule 3 - Territory and Client List: Defined geographical areas or client groups assigned to the consultant
4. Schedule 4 - Reporting Requirements: Templates and timing for activity reports and sales documentation
5. Schedule 5 - Company Policies: Relevant company policies and procedures the consultant must follow
6. Appendix A - Confidentiality Agreement: Detailed confidentiality terms and requirements
7. Appendix B - Data Protection Protocol: Specific procedures for handling personal and sensitive data
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