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Referral Fee Agreement

Referral Fee Agreement Template for Belgium

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Key Requirements PROMPT example:

Referral Fee Agreement

"I need a Referral Fee Agreement for my IT consulting firm to establish a referral program with technology vendors, offering a 10% commission on successful client introductions, starting from January 2025."

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Document background
The Referral Fee Agreement is essential for businesses operating in Belgium who wish to formalize their referral relationships and ensure compliance with local laws. This document is commonly used when establishing business partnerships where one party directs clients or opportunities to another in exchange for compensation. The agreement must comply with Belgian commercial law, including the Code of Economic Law and relevant tax regulations. It typically includes detailed provisions on fee structures, payment terms, data protection under GDPR, and anti-money laundering requirements. The document is particularly important in regulated industries where referral relationships need to be transparent and documented. A well-structured Referral Fee Agreement helps prevent disputes by clearly defining what constitutes a successful referral and when fees become payable.
Suggested Sections

1. Parties: Identification of the referring party and the receiving party, including full legal names, registration numbers, and registered addresses

2. Background: Context of the referral arrangement and brief description of the parties' business activities

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

4. Scope of Agreement: Details of what constitutes a valid referral and the territories or markets covered

5. Referral Process: Step-by-step process for making and accepting referrals, including notification requirements

6. Fee Structure: Calculation method for referral fees, payment terms, and conditions for fee eligibility

7. Payment Terms: Timing of payments, invoicing requirements, currency, and payment methods

8. Obligations of the Parties: Responsibilities of both parties in the referral process, including quality standards and communication requirements

9. Confidentiality: Protection of confidential information exchanged during the referral process

10. Data Protection: GDPR compliance and data handling requirements

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes

Optional Sections

1. Non-Solicitation: Prevents parties from directly soliciting each other's clients or employees - include when dealing with sensitive business relationships

2. Exclusivity: Terms for exclusive referral rights - include when granting exclusive territories or sectors

3. Audit Rights: Right to audit referral records - include for high-value or volume-based referral arrangements

4. Insurance Requirements: Specific insurance coverage requirements - include for regulated industries or high-risk referrals

5. Marketing and Branding: Guidelines for using each other's brands - include when public co-marketing is involved

6. Dispute Resolution: Alternative dispute resolution procedures - include for international arrangements or high-value agreements

7. Force Majeure: Provisions for unforeseeable circumstances - include for long-term arrangements

8. Anti-Corruption Compliance: Detailed anti-corruption provisions - include when dealing with public sector or regulated industries

Suggested Schedules

1. Schedule 1 - Fee Calculator: Detailed breakdown of fee calculations, including any tiered structures or special cases

2. Schedule 2 - Referral Process Flow: Detailed workflow diagram showing the step-by-step referral process

3. Schedule 3 - Approved Territories: List of geographical areas or market sectors covered by the agreement

4. Schedule 4 - Reporting Template: Standard format for tracking and reporting referrals

5. Appendix A - Contact Details: Key contact information for both parties

6. Appendix B - Data Processing Terms: Detailed GDPR-compliant data processing terms

7. Appendix C - Service Level Agreement: Performance metrics and service standards for handling referrals

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Professional Services

Financial Services

Real Estate

Information Technology

Management Consulting

Legal Services

Healthcare

Insurance

Banking

Telecommunications

Business Services

Commercial Property

Education and Training

Recruitment

Relevant Teams

Legal

Business Development

Sales

Compliance

Finance

Operations

Commercial

Partnerships

Marketing

Account Management

Strategic Planning

Risk Management

Relevant Roles

Business Development Manager

Sales Director

Partnership Manager

Legal Counsel

Compliance Officer

Commercial Director

Chief Executive Officer

Managing Partner

Channel Manager

Strategic Alliance Manager

Finance Director

Operations Manager

Marketing Director

Account Manager

Business Manager

Industries
Belgian Civil Code (Code Civil/Burgerlijk Wetboek): Fundamental law governing contracts, including formation, validity, and enforcement of agreements under Belgian law
Belgian Code of Economic Law (Code de droit économique/Wetboek van economisch recht): Regulates commercial relationships and business practices, including requirements for B2B agreements and fair trading practices
Belgian Income Tax Code (Code des impôts sur les revenus/Wetboek van de inkomstenbelastingen): Governs the tax treatment of referral fees and requirements for reporting such income
Belgian Anti-Money Laundering Law of 18 September 2017: Sets requirements for preventing money laundering and ensuring transparency in business relationships and payments
GDPR and Belgian Data Protection Act of 30 July 2018: Regulates the processing of personal data involved in referral relationships and information sharing
Belgian Anti-Corruption Criminal Law provisions: Provisions in the Criminal Code addressing bribery and corruption, ensuring referral fees are legitimate and not disguised bribes
Professional Rules and Regulations: Specific regulations that may apply depending on the industry (e.g., legal, medical, financial services) regarding referral fees
Belgian Competition Law: Ensures referral arrangements do not violate competition law principles or create unfair market advantages
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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