Referral Fee Agreement for Hong Kong

Referral Fee Agreement Template for Hong Kong

A comprehensive agreement governed by Hong Kong law that establishes and regulates a referral fee arrangement between parties. The document outlines the terms and conditions for referring business opportunities, including the referral process, fee structure, payment terms, and compliance requirements. It incorporates specific provisions to ensure compliance with Hong Kong regulations, including the Prevention of Bribery Ordinance and Personal Data (Privacy) Ordinance, while establishing clear mechanisms for tracking referrals and managing commission payments.

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What is a Referral Fee Agreement?

The Referral Fee Agreement is essential for businesses operating in Hong Kong that wish to formalize their referral arrangements and ensure compliance with local regulations. This document is typically used when one party agrees to refer potential clients or business opportunities to another party in exchange for compensation. It includes detailed provisions for the referral process, fee calculations, payment terms, and regulatory compliance, particularly with Hong Kong's Prevention of Bribery Ordinance and data privacy laws. The agreement is crucial for protecting both parties' interests, ensuring transparency in referral relationships, and maintaining regulatory compliance while establishing clear performance metrics and payment mechanisms.

What sections should be included in a Referral Fee Agreement?

1. Parties: Identification of the referrer and the company/individual receiving referrals

2. Background: Context of the agreement and brief description of the business relationship

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

4. Appointment and Scope: Terms of appointment and scope of referral services

5. Referral Process: Detailed procedure for making and accepting referrals

6. Referral Fees and Payment Terms: Fee structure, calculation method, payment timing and conditions

7. Obligations of the Referrer: Duties and responsibilities of the referring party

8. Obligations of the Company: Duties and responsibilities of the party receiving referrals

9. Compliance and Regulatory Requirements: Compliance with Hong Kong laws including anti-bribery and industry regulations

10. Confidentiality: Confidentiality obligations regarding business information and referral details

11. Data Protection: Compliance with PDPO and data handling requirements

12. Term and Termination: Duration of agreement and termination provisions

13. General Provisions: Standard boilerplate clauses including governing law, notices, entire agreement

What sections are optional to include in a Referral Fee Agreement?

1. Non-Compete: Restrictions on referrer's ability to refer to competitors - include when exclusivity is required

2. Marketing and Promotion: Guidelines for marketing the referral relationship - include when referrer will actively promote services

3. Training and Support: Details of any training or support provided - include when complex products/services are involved

4. Insurance: Insurance requirements - include when referrals involve regulated activities or high-risk services

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

6. Service Levels: Performance metrics and standards - include when specific service levels are crucial

7. Dispute Resolution: Detailed dispute resolution procedures - include for high-value arrangements

What schedules should be included in a Referral Fee Agreement?

1. Schedule 1 - Fee Structure: Detailed breakdown of referral fees, commission tiers, and calculation methods

2. Schedule 2 - Referral Process Flow: Step-by-step process flow for referrals including timeframes and documentation

3. Schedule 3 - Approved Marketing Materials: Templates and guidelines for marketing and promotional materials

4. Schedule 4 - Compliance Requirements: Detailed compliance procedures and regulatory requirements

5. Schedule 5 - Data Processing Requirements: Specific data handling and protection procedures

6. Appendix A - Referral Report Template: Standard format for reporting referrals and tracking commissions

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

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Reference Letter

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Real Estate

Insurance

Professional Services

Technology

Healthcare

Education

Consulting

Legal Services

Marketing and Advertising

Recruitment

Telecommunications

Relevant Teams

Legal

Compliance

Business Development

Sales

Finance

Operations

Marketing

Partnerships

Account Management

Commercial

Risk Management

Relevant Roles

Business Development Manager

Sales Director

Chief Revenue Officer

Partnership Manager

Legal Counsel

Compliance Officer

Marketing Director

Channel Manager

Account Executive

Chief Financial Officer

Operations Manager

Commercial Director

Business Owner

Managing Director

Relationship Manager

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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