Finder’s fee agreement for Switzerland

Use this contract: 

• To increase your customer base with the help of a sales agent who will bring you leads.
• If you wish to pay commission on sales generated by the business introducer, with or without limits.
• Whether the business introducer should have the right to sign contracts in your name and on your behalf, or should simply introduce potential customers.
• Whether or not the business introducer will act as an exclusive agent.

Protect yourself legally as a principal with the following options: 

• Unequivocal specification of customers to be sought and exclusion of customers known to the principal. 
• Stipulation of minimum targets to be achieved, degressive or progressive commission as an agent incentive. 
• Capping of the commission and limitation of the duration of the customer’s turnover taken into account for the calculation. 
• Additional duties of the broker in terms of negotiation, marketing and the collection and analysis of market data. 

• Possibility of passing on the client’s default risk to the business introducer. 

Safeguard your interests as an agent by using the following clauses: 

• Indication of a minimum remuneration regardless of the sales generated for the principal. 
• Obligation to pay commission notwithstanding non-payment by the prospect. 
• Indication of a minimum period during which the principal may not terminate the contract. 
• Right to sign on behalf of the principal, to delegate and subcontract tasks and to access the principal’s salesforce tools and market data. 
• Exclusivity in the given territory and prohibition on the principal negotiating directly with customers or appointing other brokers.