The Agent Referral Agreement is essential for businesses operating in Hong Kong's dynamic commercial environment who wish to expand their client base through formal referral networks. This document is particularly relevant in today's interconnected business landscape where strategic partnerships and referral networks play a crucial role in business development. The agreement provides a legal framework for managing referral relationships, detailing commission structures, and protecting both parties' interests while ensuring compliance with Hong Kong's regulatory requirements. It is commonly used when companies want to incentivize external parties to refer business opportunities, establishing clear terms for commission payments, referral processes, and performance expectations. The document addresses key aspects such as data privacy compliance under Hong Kong's PDPO, commission calculations, payment terms, and dispute resolution mechanisms, making it an essential tool for businesses seeking to grow through structured referral programs.
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1. Parties: Identification of the principal and the referring agent, including full legal names and registered addresses
2. Background: Context of the agreement, nature of the parties' businesses, and purpose of the referral arrangement
3. Definitions: Key terms used throughout the agreement, including 'Referred Client', 'Successful Referral', 'Commission', and 'Services'
4. Appointment and Scope: Terms of agent appointment, territory/market coverage, and scope of referral services
5. Referral Process: Detailed procedure for making referrals, including notification requirements and information sharing protocols
6. Commission Structure: Commission rates, calculation methods, payment terms, and conditions for commission eligibility
7. Obligations of the Agent: Agent's duties, responsibilities, and performance standards in making referrals
8. Obligations of the Principal: Principal's commitments regarding referred clients, service delivery, and commission payments
9. Confidentiality: Protection of confidential information and trade secrets
10. Data Protection: Compliance with PDPO and data handling requirements
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Post-Termination: Rights and obligations that survive termination, including commission on pipeline referrals
13. General Provisions: Standard legal clauses including governing law, notices, and entire agreement
1. Non-Compete: Restrictions on agent's ability to refer to competitors, used when exclusivity is required
2. Training and Support: Details of any training or support provided by the principal, included when the referral process requires specific expertise
3. Marketing and Branding: Guidelines for use of principal's branding and marketing materials, included when agent will represent the principal's brand
4. Service Level Agreement: Specific performance metrics and standards, included for high-volume or specialized referral arrangements
5. Compliance Requirements: Industry-specific regulatory compliance obligations, included for regulated sectors like financial services
6. Insurance: Insurance requirements and liability coverage, included for high-risk or regulated industries
7. Dispute Resolution: Specific dispute resolution procedures, included for international arrangements or high-value contracts
1. Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods
2. Referral Process Flowchart: Visual representation of the referral process and procedures
3. Required Referral Information: Template or list of mandatory information needed for each referral
4. Approved Marketing Materials: List or samples of approved marketing materials and usage guidelines
5. Territory/Market Definition: Detailed description of geographical or market segment coverage
6. Service Description: Detailed description of services covered by the referral arrangement
7. Data Processing Agreement: Detailed terms for handling personal data in compliance with PDPO
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