The Referral Fee Agreement is essential for businesses operating in Austria who wish to formalize their referral relationships and ensure compliance with local laws. This document is typically used when a company wants to establish a structured program for receiving business referrals from third parties in exchange for fees. It addresses key aspects required under Austrian law, including clear fee structures, payment terms, and compliance with tax regulations and the Austrian Commercial Code (UGB). The agreement is particularly important for maintaining transparency in business relationships and ensuring proper documentation of referral arrangements for tax and regulatory purposes. It includes specific provisions for GDPR compliance, anti-corruption measures, and commercial agency regulations, making it suitable for both business-to-business and professional service contexts in the Austrian market.
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1. Parties: Identification and details of the referrer and the company/individual receiving referrals
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement including 'Referral', 'Successful Referral', 'Referral Fee', etc.
4. Scope of Agreement: Details of the referral arrangement and services to be provided
5. Referral Process: Step-by-step process for making and accepting referrals
6. Fee Structure: Calculation method and amounts of referral fees
7. Payment Terms: Timeline and method of fee payments, including invoicing requirements
8. Term and Termination: Duration of the agreement and conditions for termination
9. Confidentiality: Protection of confidential information shared during the referral process
10. Representations and Warranties: Basic promises and assurances from both parties
11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
1. Non-Solicitation: Prevents parties from directly soliciting each other's clients or employees
2. Data Protection: GDPR compliance measures for handling personal data, recommended when dealing with individual referrals
3. Intellectual Property: Protection of trademarks and brand usage, important when referrer will use company materials
4. Marketing and Promotion: Guidelines for how the referrer may market or promote the company's services
5. Exclusivity: Terms for exclusive referral relationships, if applicable
6. Compliance with Laws: Specific compliance requirements, particularly important in regulated industries
7. Force Majeure: Provisions for unforeseen circumstances preventing performance
8. Insurance: Requirements for professional liability insurance, if needed for the industry
9. Audit Rights: Right to audit referral records, important for high-value or volume-based arrangements
1. Schedule 1 - Fee Schedule: Detailed breakdown of fee structures, including any tiered pricing or bonus schemes
2. Schedule 2 - Referral Process: Detailed operational procedures for making and processing referrals
3. Schedule 3 - Reporting Template: Standard format for tracking and reporting referrals
4. Schedule 4 - Approved Marketing Materials: Pre-approved materials and guidelines for marketing
5. Appendix A - Contact Details: Key contact information for both parties
6. Appendix B - Data Processing Terms: Detailed GDPR-compliant data processing terms if personal data is involved
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