The Sales Representative Contract is a crucial document for businesses operating in Switzerland who wish to engage sales representatives to promote and sell their products or services. This agreement, governed by Swiss law and particularly the Swiss Code of Obligations, establishes the legal framework for a commercial agency relationship. It is typically used when a company wants to expand its sales presence in specific territories without establishing its own sales force, preferring instead to work with independent representatives. The contract covers essential aspects such as territory rights, commission structures, performance expectations, and compliance requirements under Swiss law. It's particularly important as it helps define whether the relationship is one of independent contractor or employment, which has significant legal and tax implications under Swiss regulations.
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1. Parties: Identification of the principal company and the sales representative, including full legal names, addresses, and registration details
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 geographical territory
5. Products and Services: Description of products/services the representative is authorized to sell
6. Rights and Obligations of the Representative: Core duties, reporting requirements, and standards of conduct
7. Rights and Obligations of the Principal: Company's obligations including support, training, and information provision
8. Commission Structure: Detailed commission calculations, payment terms, and conditions for earning commission
9. Intellectual Property: Usage rights for trademarks, logos, and marketing materials
10. Confidentiality: Protection of business secrets and confidential information
11. Term and Termination: Duration of agreement and termination provisions
12. Post-Termination Obligations: Obligations after contract end, including return of materials and final commissions
13. General Provisions: Standard clauses including notices, amendments, and governing law
14. Signatures: Execution block for parties' signatures
1. Minimum Performance Requirements: Include when setting specific sales targets or quotas
2. Non-Compete Clause: Include when restricting representative's ability to work with competitors
3. Insurance Requirements: Include when requiring specific insurance coverage
4. Data Protection: Include detailed data protection provisions when handling significant customer data
5. Marketing and Advertising: Include when representative has specific marketing responsibilities
6. Training Requirements: Include when mandatory training programs are required
7. Sub-agents: Include when allowing or prohibiting the appointment of sub-agents
8. Expense Reimbursement: Include when specific expenses will be reimbursed by the principal
1. Schedule 1 - Product List: Detailed list of products/services with pricing information
2. Schedule 2 - Commission Rates: Detailed commission structure and calculation methods
3. Schedule 3 - Territory Map: Detailed geographical territory definition and any exclusions
4. Schedule 4 - Sales Targets: Specific sales targets and measurement periods
5. Schedule 5 - Reporting Templates: Standard forms for regular sales reporting
6. Appendix A - Company Policies: Relevant company policies applicable to the representative
7. Appendix B - Marketing Guidelines: Guidelines for use of company branding and marketing materials
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