The Sales Referral Agreement is essential for businesses operating in Germany who wish to expand their market reach through formal referral partnerships. This document type is commonly used when a company wants to incentivize third parties to refer potential customers or business opportunities in exchange for commission-based compensation. The agreement must comply with German legal requirements, including the German Civil Code (BGB), Commercial Code (HGB), and data protection regulations (GDPR). It typically covers referral processes, commission structures, compliance obligations, and relationship management terms. This document is particularly important in B2B contexts where formal referral networks need to be established with clear legal and operational frameworks.
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1. Parties: Identification and details of the principal company and the referrer
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope: Terms of referrer's appointment and scope of authorized activities
5. Referral Process: Detailed process for making and tracking referrals
6. Obligations of the Referrer: Referrer's duties, responsibilities, and conduct requirements
7. Obligations of the Company: Company's commitments regarding referral handling and support
8. Compensation and Payment Terms: Referral fee structure, calculation method, and payment terms
9. Intellectual Property: Usage rights for trademarks, logos, and marketing materials
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: GDPR compliance and data handling requirements
12. Term and Termination: Duration of agreement and termination provisions
13. Post-Termination: Obligations and rights after agreement ends
14. General Provisions: Standard legal provisions including governing law, notices, and amendments
1. Training and Support: Used when the company provides specific training or support systems to the referrer
2. Marketing and Promotion: Include when referrer has specific marketing rights or obligations
3. Performance Targets: Add when agreement includes minimum referral requirements or performance metrics
4. Territory Restrictions: Include when referrer is limited to specific geographic areas
5. Exclusivity: Used when either party has exclusive rights or obligations
6. Compliance with Industry Regulations: Add for regulated industries (e.g., financial services, healthcare)
7. Insurance Requirements: Include when referrer must maintain specific insurance coverage
8. Anti-Corruption: Add for international referral relationships or high-value transactions
1. Schedule 1 - Compensation Structure: Detailed breakdown of referral fees, commission rates, and calculation methods
2. Schedule 2 - Referral Process Workflow: Step-by-step process flow for referral submission and tracking
3. Schedule 3 - Approved Marketing Materials: List of approved marketing materials and usage guidelines
4. Schedule 4 - Data Processing Requirements: Detailed GDPR compliance requirements and data handling procedures
5. Schedule 5 - Reporting Templates: Standard forms for referral submission and tracking
6. Appendix A - Contact Details: Key contact information for both parties
7. Appendix B - Product/Service Description: Details of products or services eligible for referral
Relevant legal definitions
Agreement
Applicable Law
Business Day
Confidential Information
Commission
Company
Company Products
Company Services
Customer
Data Protection Laws
Effective Date
Force Majeure Event
GDPR
Initial Term
Intellectual Property Rights
Marketing Materials
Personal Data
Potential Customer
Qualified Referral
Referral
Referral Fee
Referral Notice
Referral Partner
Referral Period
Renewal Term
Representatives
Successful Referral
Territory
Term
Trademarks
Applicable Law
Business Day
Confidential Information
Commission
Company
Company Products
Company Services
Customer
Data Protection Laws
Effective Date
Force Majeure Event
GDPR
Initial Term
Intellectual Property Rights
Marketing Materials
Personal Data
Potential Customer
Qualified Referral
Referral
Referral Fee
Referral Notice
Referral Partner
Referral Period
Renewal Term
Representatives
Successful Referral
Territory
Term
Trademarks
Clauses
Appointment
Scope of Authority
Exclusivity
Referral Process
Commission
Payment Terms
Performance Obligations
Representations and Warranties
Confidentiality
Data Protection
Intellectual Property
Non-Compete
Non-Solicitation
Compliance
Term
Termination
Force Majeure
Liability
Indemnification
Insurance
Assignment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Anti-Corruption
Records and Audit
Marketing and Promotion
Territory
Reporting
Scope of Authority
Exclusivity
Referral Process
Commission
Payment Terms
Performance Obligations
Representations and Warranties
Confidentiality
Data Protection
Intellectual Property
Non-Compete
Non-Solicitation
Compliance
Term
Termination
Force Majeure
Liability
Indemnification
Insurance
Assignment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Anti-Corruption
Records and Audit
Marketing and Promotion
Territory
Reporting
Relevant Industries
Professional Services
Information Technology
Financial Services
Management Consulting
Real Estate
Software and SaaS
Manufacturing
Healthcare
Telecommunications
Business Services
Education and Training
Industrial Equipment
Relevant Teams
Legal
Sales
Business Development
Compliance
Partner Operations
Commercial Operations
Contract Administration
Revenue Operations
Partner Success
Account Management
Relevant Roles
Business Development Manager
Sales Director
Channel Partner Manager
Legal Counsel
Compliance Officer
Commercial Director
Partnership Manager
Chief Revenue Officer
Sales Operations Manager
Contract Manager
Account Executive
Partner Success Manager
Chief Commercial Officer
Business Operations Manager
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