The Referral Partner Agreement is essential for businesses operating in Australia that wish to formalize partnerships for customer referrals. This document is particularly relevant in scenarios where companies seek to expand their customer base through strategic partnerships, creating a formal framework for referral relationships. The agreement addresses key aspects such as commission structures, referral processes, compliance with Australian regulations (including privacy and consumer protection laws), and mutual obligations. It's commonly used across various industries where business development through partnerships is crucial, providing clear guidelines for referral tracking, compensation, and dispute resolution. The document ensures compliance with Australian legal requirements while protecting both the principal company's interests and the referral partner's rights, making it suitable for both domestic and international businesses operating in the Australian market.
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1. Parties: Identifies and provides details of the principal company and the referral partner
2. Background: Outlines the context of the agreement, including the principal's business and the referrer's desire to refer potential customers
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope: Establishes the referral partner's appointment, nature of the relationship, and territorial scope
5. Referral Process: Details the process for making referrals, including qualification criteria and documentation requirements
6. Compensation: Specifies referral fees, commission structures, payment terms, and calculation methods
7. Obligations of the Referral Partner: Lists the referrer's duties, including compliance, reporting, and conduct requirements
8. Obligations of the Principal: Outlines the principal's responsibilities regarding referred customers and support
9. Intellectual Property: Addresses usage rights for trademarks, logos, and marketing materials
10. Confidentiality: Covers protection of confidential information and trade secrets
11. Privacy and Data Protection: Addresses handling of customer data and compliance with privacy laws
12. Term and Termination: Specifies agreement duration, renewal terms, and termination rights
13. Post-Termination Obligations: Outlines obligations and rights after agreement termination
14. General Provisions: Includes standard legal clauses such as notices, assignment, and governing law
1. Non-Compete: Restricts referral partner from competing activities - include when protecting market position is crucial
2. Training and Support: Details training provided to referral partner - include when comprehensive onboarding is required
3. Marketing and Promotion: Specifies marketing guidelines and cooperative advertising - include when joint marketing is planned
4. Insurance Requirements: Mandates specific insurance coverage - include for high-risk industries or regulatory requirements
5. Compliance with Industry Regulations: Additional compliance requirements - include for regulated industries like financial services
6. Service Level Requirements: Performance metrics and standards - include when specific performance targets are required
7. Dispute Resolution: Detailed dispute handling procedures - include when specific resolution processes are preferred
8. Multi-territory Provisions: Addresses operations in multiple jurisdictions - include for international or multi-state operations
1. Schedule 1 - Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods
2. Schedule 2 - Referral Criteria: Specific criteria for qualified referrals and customer requirements
3. Schedule 3 - Approved Marketing Materials: List of approved marketing materials and usage guidelines
4. Schedule 4 - Reporting Requirements: Templates and specifications for required reports
5. Schedule 5 - Service Territory: Detailed description of authorized geographic territory or market segments
6. Appendix A - Contact Details: Key contact information for both parties
7. Appendix B - Processing of Personal Data: Detailed procedures for handling personal data in compliance with privacy laws
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