The Sponsorship Commission Agreement is a crucial document for businesses engaging in sponsorship activities within Switzerland and internationally. This agreement type is specifically designed to formalize the relationship between sponsors and commission agents who identify and secure sponsorship opportunities. It outlines the commission structure, scope of services, territorial rights, and performance expectations while ensuring compliance with Swiss law, particularly the Swiss Code of Obligations. The document is essential when companies wish to engage professional intermediaries to expand their sponsorship portfolio, requiring a clear framework for commission payments, reporting requirements, and success metrics. This agreement type is particularly important in situations where ongoing sponsorship opportunities are sought, rather than one-off arrangements, and where professional intermediaries play a key role in facilitating sponsorship deals.
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1. Parties: Identification of the contracting parties - typically the sponsor and the commission agent/broker
2. Background: Context of the agreement, including the sponsor's business, objectives, and the agent's role in securing sponsorship opportunities
3. Definitions: Key terms used throughout the agreement, including 'Sponsorship Opportunities', 'Commission', 'Sponsorship Fee', etc.
4. Appointment and Scope: Terms of the agent's appointment and the territorial/industry scope of their authority
5. Agent's Obligations: Detailed responsibilities of the agent in identifying and securing sponsorship opportunities
6. Sponsor's Obligations: Sponsor's commitments, including evaluation of opportunities and payment obligations
7. Commission Structure: Detailed explanation of commission calculations, rates, and payment terms
8. Payment Terms: Timing and method of commission payments, including any minimum guarantees or advances
9. Reporting and Administrative Requirements: Requirements for activity reports, documentation of opportunities, and record-keeping
10. Intellectual Property Rights: Protection and usage rights of trademarks, logos, and other IP during the sponsorship process
11. Confidentiality: Obligations regarding confidential information and trade secrets
12. Term and Termination: Duration of the agreement and circumstances for termination
13. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Exclusivity: Used when the agent is granted exclusive rights for certain territories or industries
2. Performance Targets: Include when specific performance metrics or minimum revenue targets are required
3. International Operations: Required when the agent operates across multiple jurisdictions
4. Compliance Requirements: Include when specific industry regulations or compliance standards must be met
5. Sub-Agents: Include when the agent is permitted to appoint sub-agents
6. Insurance Requirements: Used when specific insurance coverage is required for the agent
7. Data Protection: Include when personal data processing is involved in the sponsorship activities
8. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
1. Commission Rates Schedule: Detailed breakdown of commission rates for different types of sponsorship deals
2. Approved Sponsorship Categories: List of pre-approved categories or industries for sponsorship targeting
3. Reporting Templates: Standard forms for activity reporting and opportunity documentation
4. Territory Definition: Detailed description of geographical territories covered by the agreement
5. Approved Marketing Materials: Templates or guidelines for marketing materials used in sponsorship pitches
6. Compliance Checklist: List of required compliance checks for potential sponsorship deals
7. Key Performance Indicators: Detailed metrics for measuring agent performance
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