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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."
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
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
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
Financial Services
Professional Services
Information Technology
Real Estate
Insurance
Healthcare
Management Consulting
Legal Services
Educational Services
Recruitment
Business Services
Manufacturing
Retail
Legal
Business Development
Sales
Compliance
Operations
Partner Relations
Commercial
Finance
Risk Management
Contract Administration
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
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