The Commission Agreement is a crucial document in Swiss commercial practice, used when a business (Principal) wants to engage an independent party (Commission Agent) to conduct transactions on their behalf while maintaining certain independence in their operations. This type of agreement is particularly relevant under Swiss law, which provides specific provisions in the Code of Obligations (OR/CO) governing commission relationships. The Commission Agreement typically includes detailed terms about the scope of authority, commission calculations, payment terms, reporting obligations, and compliance requirements. It differs from a simple agency agreement as the Commission Agent acts in their own name but for the Principal's account. This document is essential for businesses expanding their sales channels, entering new markets, or establishing structured commission-based relationships with independent sales representatives.
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1. Parties: Identification and details of the Principal and Commission Agent
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Formal appointment of the commission agent and detailed scope of services
5. Commission Agent's Obligations: Core duties and responsibilities of the commission agent
6. Principal's Obligations: Core duties and responsibilities of the principal
7. Commission and Payment Terms: Commission rates, calculation methods, and payment terms
8. Reporting and Accounting: Requirements for financial reporting and accounting obligations
9. Term and Termination: Duration of the agreement and termination provisions
10. Confidentiality: Obligations regarding confidential information
11. Data Protection: Compliance with Swiss data protection laws and data handling requirements
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
1. Non-Competition: Restrictions on competitive activities, used when the agent has access to sensitive business information
2. Intellectual Property: IP rights and usage terms, included when the agent will handle branded products or create materials
3. Insurance: Insurance requirements, included for high-value transactions or regulated sectors
4. Force Majeure: Provisions for unforeseen circumstances, recommended for long-term or international agreements
5. Compliance with Laws: Specific regulatory compliance obligations, needed for regulated industries
6. Sub-Agents: Terms for appointing sub-agents, included when sub-delegation is permitted
7. Marketing and Promotion: Guidelines for promotional activities, included when agent has marketing responsibilities
8. Training and Support: Details of training provided by principal, included for complex products or services
1. Commission Rates Schedule: Detailed breakdown of commission rates for different products or services
2. Products and Services: Comprehensive list of products or services covered by the agreement
3. Territory Definition: Detailed description of geographical territory if territorially limited
4. Performance Targets: Specific sales or performance targets if applicable
5. Reporting Templates: Standard forms for regular reporting requirements
6. Operating Procedures: Detailed procedures for day-to-day operations and transactions
7. Customer Terms and Conditions: Standard terms for customer transactions if agent is authorized to contract
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