Affiliate Referral Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Affiliate Referral Agreement

I need an Affiliate Referral Agreement under Hong Kong law for my e-commerce platform, with an exclusive territory covering Southeast Asia and a tiered commission structure based on sales volume.

Document background
The Affiliate Referral Agreement is essential for businesses operating in Hong Kong that wish to expand their market reach through partner-based marketing initiatives. This document is particularly relevant in today's digital economy where companies increasingly rely on affiliate networks for customer acquisition. The agreement comprehensively addresses key aspects required under Hong Kong law, including data privacy compliance, electronic transaction requirements, and marketing regulations. It is designed to protect both the principal company and affiliate partners by clearly defining the referral process, commission structures, and compliance obligations. The document is commonly used when establishing new affiliate marketing relationships or formalizing existing arrangements, ensuring all parties understand their rights, obligations, and the parameters of their commercial relationship.
Suggested Sections

1. Parties: Identifies and provides details of the principal company and the affiliate partner

2. Background: Sets out the context of the agreement, including the principal's business and the purpose of the affiliate arrangement

3. Definitions: Defines key terms used throughout the agreement, including 'Qualified Referrals', 'Commission', 'Tracking Method', etc.

4. Appointment and Scope: Establishes the affiliate's appointment, territory, and whether the relationship is exclusive or non-exclusive

5. Referral Process: Details the mechanism for making and tracking referrals, including technical requirements

6. Commission Structure: Specifies commission rates, calculation methods, and payment terms

7. Obligations of Principal: Sets out the principal's responsibilities, including tracking, reporting, and support

8. Obligations of Affiliate: Details the affiliate's duties, marketing requirements, and compliance obligations

9. Intellectual Property: Covers usage rights for trademarks, marketing materials, and other IP

10. Data Protection: Addresses PDPO compliance and data handling requirements

11. Term and Termination: Specifies agreement duration, renewal terms, and termination rights

12. Confidentiality: Protects confidential information exchanged during the relationship

13. General Provisions: Includes standard clauses like notices, amendments, governing law, etc.

Optional Sections

1. Training and Support: Used when the principal provides specific training or support systems to affiliates

2. Performance Targets: Included when minimum performance requirements are set for the affiliate

3. Multi-tier Commission Structure: For complex commission schemes with multiple levels or bonus structures

4. Audit Rights: When detailed verification of referrals and commission calculations is required

5. Sub-affiliate Arrangements: If the affiliate is permitted to appoint sub-affiliates

6. Marketing Guidelines: Detailed marketing requirements and restrictions beyond basic obligations

7. Dispute Resolution: Specific dispute resolution procedures beyond standard court jurisdiction

Suggested Schedules

1. Commission Rates and Calculations: Detailed breakdown of commission structures and calculation methods

2. Tracking Methods and Technical Requirements: Technical specifications for referral tracking and reporting

3. Approved Marketing Materials: List of pre-approved marketing materials and usage guidelines

4. Territorial Restrictions: Detailed description of territorial limits and excluded territories

5. Data Processing Requirements: Specific data handling and protection requirements

6. Service Level Agreement: Performance metrics and response time requirements

7. Compliance Requirements: Detailed regulatory compliance requirements and procedures

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

Relevant legal definitions
Clauses
Relevant Industries

E-commerce

Financial Services

Technology

Digital Marketing

Retail

Professional Services

Education

Healthcare

Travel and Hospitality

Insurance

Real Estate

Telecommunications

Relevant Teams

Legal

Marketing

Business Development

Compliance

Digital Marketing

Sales

Partnerships

Operations

Commercial

Relevant Roles

Marketing Director

Business Development Manager

Legal Counsel

Affiliate Program Manager

Partnership Manager

Compliance Officer

Digital Marketing Manager

Sales Director

Chief Marketing Officer

Business Operations Manager

Channel Manager

Commercial Director

Head of Partnerships

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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