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Product Reseller Agreement Template for Switzerland

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Key Requirements PROMPT example:

Product Reseller Agreement

I need a Product Reseller Agreement for my Swiss software company to appoint an exclusive distributor in Germany and Austria, with the agreement starting January 2025 and including strict data protection requirements and minimum annual sales targets.

Document background
The Product Reseller Agreement is essential for businesses looking to expand their distribution networks through authorized resellers in Switzerland and potentially internationally. This document is typically used when a manufacturer or supplier wants to establish a formal relationship with a third party to resell their products while maintaining control over how their products are marketed and sold. The agreement comprehensively covers commercial terms, regulatory compliance, and operational requirements under Swiss law, including specific provisions required by Swiss competition law and the Code of Obligations. It's particularly important for protecting intellectual property rights, maintaining brand consistency, and ensuring proper product representation in the market.
Suggested Sections

1. Parties: Identification of the supplier/manufacturer and the reseller, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, brief description of the business relationship and parties' objectives

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Territory: Scope of reseller appointment, territory definition, and whether appointment is exclusive or non-exclusive

5. Ordering and Delivery: Process for placing orders, delivery terms, acceptance procedures, and lead times

6. Prices and Payment: Pricing structure, payment terms, invoicing process, and currency specifications

7. Obligations of the Supplier: Supplier's commitments regarding product supply, support, training, and marketing materials

8. Obligations of the Reseller: Reseller's commitments regarding sales efforts, marketing, reporting, and minimum purchase requirements

9. Intellectual Property Rights: Protection and usage rights of trademarks, patents, and other IP

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Duration of agreement, renewal terms, and termination conditions

12. Post-Termination: Rights and obligations after agreement termination

13. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Minimum Purchase Requirements: Used when supplier wants to enforce specific sales targets or minimum order quantities

2. Marketing and Promotion: Detailed section when specific marketing requirements or cooperative advertising programs exist

3. Training Requirements: Include when products require technical expertise or certification

4. Sub-Resellers: Include when reseller is permitted to appoint sub-resellers

5. Data Protection: Detailed section when significant customer data processing is involved

6. Import/Export: Include for cross-border sales requiring specific import/export compliance

7. Insurance: Detailed insurance requirements when high-value or high-risk products are involved

8. Service Level Requirements: Include when reseller must provide specific customer service levels

9. Non-Competition: Used when restricting reseller from selling competing products

Suggested Schedules

1. Schedule 1 - Products: List of approved products for resale with specifications and prices

2. Schedule 2 - Territory: Detailed description of geographic territory and any excluded areas

3. Schedule 3 - Minimum Purchase Commitments: Specific targets and timeframes for minimum purchases if applicable

4. Schedule 4 - Approved Sub-Resellers: List of approved sub-resellers if permitted

5. Schedule 5 - Service Level Requirements: Detailed service level metrics and requirements

6. Schedule 6 - Marketing Guidelines: Brand guidelines and marketing requirements

7. Appendix A - Technical Specifications: Detailed technical requirements and compliance standards

8. Appendix B - Returns Policy: Procedures for handling product returns and warranties

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 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

Technology

Electronics

Manufacturing

Consumer Goods

Industrial Equipment

Automotive

Medical Devices

Software

Telecommunications

Fashion and Apparel

Food and Beverage

Pharmaceuticals

Construction Materials

Agricultural Products

Relevant Teams

Legal

Sales

Commercial

Business Development

Procurement

Compliance

Partner Relations

Distribution

Channel Sales

Operations

Relevant Roles

Chief Commercial Officer

Sales Director

Channel Manager

Business Development Manager

Legal Counsel

Contracts Manager

Commercial Director

Distribution Manager

Partner Relations Manager

Procurement Manager

Sales Operations Manager

Channel Sales Director

Chief Legal Officer

Compliance Officer

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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