The Introducer Fee Agreement is a crucial document for businesses operating in Switzerland that rely on third parties to generate new business opportunities. This agreement type is particularly common in financial services, professional services, and real estate sectors, where formal introduction arrangements need to be documented and regulated. The agreement must comply with Swiss law, particularly the Code of Obligations (OR) and, where applicable, financial services regulations. It establishes clear parameters for when and how introduction fees are earned and paid, defines what constitutes a successful introduction, and outlines the compliance obligations of both parties. The agreement is essential for maintaining transparent business relationships and ensuring regulatory compliance, especially important given Switzerland's strict financial services regulations and data protection requirements.
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1. Parties: Identification of the introducer and the company receiving introductions
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement, including 'Successful Introduction', 'Introduction Fee', 'Introduced Client'
4. Scope of Services: Detailed description of introduction services and territory covered
5. Introducer's Obligations: Key responsibilities including due diligence, information provision, and compliance requirements
6. Company's Obligations: Responsibilities of the receiving company, including timely processing of introductions
7. Fees and Payment Terms: Fee structure, calculation method, payment timing, and any clawback provisions
8. Compliance and Regulatory Requirements: Obligations under Swiss financial regulations and anti-money laundering laws
9. Confidentiality: Provisions for protecting confidential information and client data
10. Term and Termination: Duration of agreement and termination rights
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Regulatory Status: Required if introducer is operating within regulated financial services sector
2. Exclusivity: Optional section defining any exclusive arrangements between parties
3. International Provisions: Required if introductions involve cross-border elements
4. Training and Support: Optional section detailing any training or support provided to the introducer
5. Marketing and Branding: Optional section governing use of company brands and marketing materials
6. Data Protection: Detailed FADP compliance section if significant personal data processing is involved
7. Non-Compete: Optional restrictions on introducer's activities with competitors
8. Force Majeure: Optional provisions for unforeseen circumstances affecting performance
1. Schedule 1 - Fee Schedule: Detailed breakdown of fee structures, calculations, and examples
2. Schedule 2 - Introduction Process: Step-by-step process for making and documenting introductions
3. Schedule 3 - Compliance Requirements: Detailed compliance procedures and checklists
4. Schedule 4 - Approved Marketing Materials: List of approved marketing materials and usage guidelines
5. Appendix A - Introduction Form Template: Standard form for documenting new introductions
6. Appendix B - Due Diligence Requirements: Checklist of required due diligence for different types of introductions
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