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Referral Contract Template for Switzerland

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Key Requirements PROMPT example:

Referral Contract

"I need a Referral Contract under Swiss law for my IT consulting firm to establish a partner network across Switzerland and Germany, with a tiered commission structure ranging from 5-15% based on deal size and a minimum term of 24 months starting January 2025."

Document background
The Referral Contract is essential for businesses operating in Switzerland that wish to formalize their referral partnerships and commission structures. This document is particularly relevant when establishing business development networks, partner programs, or sales channel relationships. The agreement must comply with Swiss legal requirements, particularly the Swiss Code of Obligations and data protection regulations. It typically includes detailed provisions on commission calculations, payment terms, referral processes, and data handling procedures. The Referral Contract is commonly used across various industries and can be customized to accommodate different business models while maintaining compliance with Swiss regulatory requirements. It serves as a crucial tool for protecting both parties' interests while establishing clear guidelines for the referral relationship.
Suggested Sections

1. Parties: Identification of the referrer and the company receiving referrals, including full legal names and addresses

2. Background: Context of the referral arrangement and brief description of both parties' businesses

3. Definitions: Key terms used throughout the agreement, including 'Referral', 'Qualified Lead', 'Commission', etc.

4. Appointment and Scope: Terms of appointment, territory, and nature of the referral relationship

5. Referral Process: Detailed process for making and accepting referrals

6. Commission Structure: Basic commission rates and payment terms

7. Obligations of the Referrer: Referrer's duties, responsibilities, and performance standards

8. Obligations of the Company: Company's commitments regarding referral handling and service delivery

9. Data Protection and Privacy: Compliance with Swiss data protection laws and handling of personal information

10. Confidentiality: Protection of confidential information exchanged during the referral process

11. Term and Termination: Duration of the agreement and termination provisions

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

Optional Sections

1. Non-Compete: Restrictions on competing activities, used when referrer works with sensitive information or has access to valuable client relationships

2. Intellectual Property: IP rights and usage terms, included when branding or materials are shared between parties

3. Marketing and Promotion: Guidelines for marketing activities, needed when referrer will actively promote the company

4. Training and Support: Details of training provided to referrer, included for complex products or services

5. Insurance: Insurance requirements, included when referral activities involve significant risks

6. Audit Rights: Right to audit referral activities, included for high-value or regulated industries

7. Force Majeure: Provisions for extraordinary events, particularly relevant in long-term arrangements

Suggested Schedules

1. Commission Structure Schedule: Detailed breakdown of commission rates, tiers, and special conditions

2. Referral Process Flow: Step-by-step process flow for referral submission and handling

3. Required Information Template: Template specifying required information for valid referrals

4. Data Processing Agreement: Detailed terms for personal data handling in compliance with Swiss law

5. Approved Marketing Materials: Pre-approved marketing materials and usage guidelines

6. Service Level Agreement: Performance metrics and response times for referral handling

7. Territory Map: Geographical definition of referral territory if applicable

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

Financial Services

Professional Services

Information Technology

Real Estate

Insurance

Healthcare

Management Consulting

Legal Services

Educational Services

Recruitment

Business Services

Manufacturing

Retail

Relevant Teams

Legal

Business Development

Sales

Compliance

Operations

Partner Relations

Commercial

Finance

Risk Management

Contract Administration

Relevant Roles

Business Development Manager

Sales Director

Channel Partner Manager

Legal Counsel

Compliance Officer

Partnership Manager

Chief Commercial Officer

Business Development Representative

Account Manager

Sales Operations Manager

Contract Manager

Chief Executive Officer

Managing 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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