Referral Fee Contract Template for Austria

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Key Requirements PROMPT example:

Referral Fee Contract

"I need a Referral Fee Contract for my software consulting company based in Vienna, where we'll pay individual IT consultants a 10% commission for referring clients who sign contracts worth over €50,000, with the agreement starting March 1, 2025."

Document background
The Referral Fee Contract is essential for businesses operating in Austria who wish to formalize their referral relationships and establish clear compensation structures for successful business introductions. This document is particularly valuable when organizations want to expand their business through external networks while maintaining legal compliance and transparency. The contract addresses key aspects required under Austrian law, including specific provisions from the Austrian Civil Code (ABGB) and Commercial Code (UGB), data protection requirements under GDPR, and tax implications for referral payments. It's commonly used by companies seeking to grow their client base through structured referral programs, and includes detailed terms on qualification criteria for referrals, payment schedules, and dispute resolution mechanisms.
Suggested Sections

1. Parties: Identification and details of the referrer and the company/individual receiving referrals

2. Background: Context of the referral arrangement and brief description of the business relationship

3. Definitions: Key terms used throughout the agreement including 'Referral', 'Qualified Lead', 'Referral Fee', etc.

4. Scope of Referral Services: Detailed description of the referral services and how they should be provided

5. Referral Process: Step-by-step process for making and tracking referrals

6. Referral Fee Structure: Amount or percentage of referral fees and calculation method

7. Payment Terms: Timing and method of fee payments, including invoicing requirements

8. Obligations of the Referrer: Specific duties and responsibilities of the referring party

9. Obligations of the Company: Specific duties and responsibilities of the receiving party

10. Term and Termination: Duration of the agreement and termination provisions

11. Confidentiality: Protection of confidential information shared during the referral process

12. Data Protection: GDPR compliance and data handling requirements

13. General Provisions: Standard legal clauses including governing law, notices, and amendments

Optional Sections

1. Non-Compete: Restrictions on competing activities, used when referrer works in same industry

2. Exclusivity: Terms for exclusive referral relationships, if applicable

3. Marketing and Branding: Guidelines for using company branding in referral activities

4. Training and Support: Details of any training or support provided to referrer

5. Insurance Requirements: Specific insurance obligations, important for regulated industries

6. Audit Rights: Right to audit referral records, useful for high-volume arrangements

7. Force Majeure: Provisions for unforeseen circumstances affecting referral activities

Suggested Schedules

1. Schedule 1 - Fee Schedule: Detailed breakdown of referral fees, including any tiered structures

2. Schedule 2 - Referral Process Flow: Detailed workflow diagram of the referral process

3. Schedule 3 - Reporting Template: Standard format for referral tracking and reporting

4. Schedule 4 - Approved Marketing Materials: Pre-approved materials for referral activities

5. Appendix A - Data Processing Agreement: Detailed GDPR-compliant data processing terms

6. Appendix B - Contact Details: Key contacts for both parties for various aspects of the relationship

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Relevant Industries

Professional Services

Financial Services

Real Estate

Technology

Consulting

Healthcare

Education

Insurance

Telecommunications

Software and IT

Marketing and Advertising

Legal Services

Relevant Teams

Legal

Finance

Business Development

Sales

Partnerships

Compliance

Operations

Marketing

Account Management

Partner Success

Relevant Roles

Business Development Manager

Sales Director

Partnership Manager

Channel Manager

Chief Revenue Officer

Marketing Director

Account Executive

Legal Counsel

Finance Manager

Compliance Officer

Operations Manager

Network Development Manager

Affiliate Manager

Partner Success Manager

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

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