This Direct Selling Agreement is designed for use in Switzerland when establishing a formal relationship between a company and independent sellers/consultants who will market and sell products directly to consumers. The document incorporates requirements from Swiss federal law, including the Code of Obligations, consumer protection regulations, and direct selling specific legislation. It's particularly relevant for companies expanding their direct selling operations in Switzerland or updating existing agreements to ensure compliance with current regulations. The agreement covers crucial elements such as independent contractor status, territory rights, commission structures, product handling, customer protection, and data privacy requirements. It's structured to provide clear guidelines while maintaining flexibility for various business models and product types within the Swiss market.
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1. Parties: Identification of the direct selling company and the independent seller, including 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 Status: Appointment of the direct seller and explicit confirmation of independent contractor status
5. Rights and Obligations of Direct Seller: Core responsibilities including sales activities, customer service, reporting, and compliance requirements
6. Company Obligations: Company's commitments regarding product supply, training, and support
7. Territory and Customers: Definition of authorized sales territory and customer segments
8. Products and Ordering: Product handling, ordering procedures, and inventory management
9. Prices and Commission: Pricing policies, commission structure, and payment terms
10. Intellectual Property: Usage rights for trademarks, marketing materials, and other IP
11. Confidentiality: Protection of business secrets and confidential information
12. Data Protection: Compliance with Swiss data protection laws and data handling procedures
13. Non-Competition: Competitive restrictions during and after the agreement
14. Term and Termination: Duration, renewal, and termination provisions
15. Post-Termination: Obligations and procedures following agreement termination
16. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Minimum Performance Requirements: Used when implementing specific sales targets or performance metrics
2. Training and Certification: Required for products needing specific technical knowledge or certification
3. Downline Organization: Include for multi-level marketing structures
4. Product Storage and Handling: Required for perishable goods or products with special storage requirements
5. Insurance Requirements: Include when direct sellers need specific insurance coverage
6. Online Sales Provisions: Include when allowing online sales channels
7. International Operations: Required for cross-border activities
8. Product Returns and Refunds: Detailed procedures for customer returns and refund handling
1. Schedule 1 - Product List: Detailed list of authorized products and wholesale prices
2. Schedule 2 - Commission Structure: Detailed commission calculations and bonus schemes
3. Schedule 3 - Territory Description: Detailed description or map of authorized sales territory
4. Schedule 4 - Approved Marketing Materials: List of authorized marketing materials and usage guidelines
5. Schedule 5 - Reporting Templates: Standard forms for sales reporting and documentation
6. Schedule 6 - Training Requirements: Required training modules and certification processes
7. Schedule 7 - Code of Conduct: Detailed behavioral and ethical guidelines
8. Appendix A - Data Processing Agreement: Detailed data protection and processing requirements
9. Appendix B - Return Policy: Detailed product return and refund procedures
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