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Agent Commission Agreement Template for Switzerland

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Key Requirements PROMPT example:

Agent Commission Agreement

"I need an Agent Commission Agreement for appointing an exclusive sales agent in Switzerland and Austria to sell our medical devices, with a tiered commission structure starting at 5% and increasing to 8% based on sales volume, commencing March 1, 2025."

Document background
An Agent Commission Agreement is essential for businesses operating in Switzerland that wish to engage commercial agents to promote and sell their products or services. This document, governed by Swiss law (particularly the Code of Obligations), establishes the framework for a principal-agent relationship, detailing commission structures, territorial rights, and mutual obligations. It's particularly important as it provides legal certainty for both parties and ensures compliance with Swiss regulatory requirements regarding commercial agency relationships. The agreement typically includes comprehensive provisions on commission calculation methods, payment terms, performance expectations, termination rights, and post-contractual obligations. It's designed to protect both the principal's business interests and the agent's right to fair compensation while maintaining alignment with Swiss commercial law principles.
Suggested Sections

1. Parties: Identification of the principal and agent with full legal names and addresses

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Key terms used throughout the agreement including Products, Territory, Customers, Commission, etc.

4. Appointment and Scope: Terms of agent appointment, exclusivity status, and territorial scope

5. Agent's Rights and Obligations: Detailed responsibilities including promotion, reporting, and compliance requirements

6. Principal's Rights and Obligations: Principal's commitments including product information, support, and training

7. Commission Structure: Calculation method, rates, and conditions for commission entitlement

8. Payment Terms: Commission payment schedule, currency, and payment methods

9. Term and Termination: Duration of agreement and grounds for termination

10. Post-Termination Provisions: Handling of pending commissions and wind-down obligations

11. Confidentiality: Protection of confidential information and trade secrets

12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

13. General Provisions: Standard clauses including notices, amendments, and severability

Optional Sections

1. Performance Targets: Specific sales or performance goals, used when the principal wants to set measurable objectives

2. Non-Compete Obligations: Restrictions on agent's activities during and after the agreement, if required for business protection

3. Sub-Agents: Terms for appointment and management of sub-agents, if permitted

4. Marketing and Advertising: Specific requirements for promotional activities, if the agent has significant marketing responsibilities

5. Insurance Requirements: Specific insurance obligations, if required due to nature of products or services

6. Data Protection: Detailed data protection provisions if personal data processing is significant

7. Intellectual Property: IP usage rights and restrictions, if relevant to the products or services

8. Force Majeure: Provisions for unforeseen circumstances, if desired by parties

Suggested Schedules

1. Schedule 1 - Products and Services: Detailed list of products/services covered by the agreement

2. Schedule 2 - Commission Rates: Detailed commission structure including any variations by product or customer type

3. Schedule 3 - Territory: Detailed description of geographical territory and any excluded areas

4. Schedule 4 - Reporting Requirements: Templates and specifications for regular reporting

5. Schedule 5 - Key Performance Indicators: Detailed performance metrics and evaluation criteria

6. Appendix A - Agent's Business Plan: Initial business plan and sales targets if applicable

7. Appendix B - Principal's Policies: Relevant company policies the agent must comply with

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses


































Relevant Industries

Manufacturing

Industrial Equipment

Consumer Goods

Technology

Financial Services

Insurance

Real Estate

Pharmaceuticals

Medical Devices

Luxury Goods

Automotive

Telecommunications

Professional Services

Software and IT

Fashion and Apparel

Relevant Teams

Legal

Sales

Business Development

Commercial Operations

Compliance

Finance

Contract Administration

Executive Leadership

Channel Management

International Business

Relevant Roles

Sales Director

Commercial Director

Business Development Manager

Legal Counsel

Contracts Manager

Chief Commercial Officer

Sales Operations Manager

Channel Manager

Regional Sales Manager

Chief Executive Officer

Managing Director

Compliance Officer

Commercial Agent

Sales Representative

Business Development Director

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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