Referral Partner Agreement for Malta

Referral Partner Agreement Template for Malta

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Referral Partner Agreement

"I need a Referral Partner Agreement under Maltese law for my fintech company, with specific provisions for handling digital payments and cryptocurrency referrals, including enhanced compliance requirements for financial services regulations."

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What is a Referral Partner Agreement?

The Referral Partner Agreement is essential for businesses operating in Malta who wish to formalize their referral relationships and expand their customer base through partnership networks. This document is particularly important given Malta's position as a hub for financial services, gaming, and professional services, where referral networks are common but must comply with strict regulatory requirements. The agreement addresses crucial elements such as compensation structures, data protection under GDPR, and compliance with Maltese commercial law. It's designed to protect both the referring party and the receiving company while ensuring transparency in business relationships and adherence to relevant regulations. The document is especially relevant for companies seeking to establish structured referral programs while maintaining compliance with Maltese and EU regulations.

What sections should be included in a Referral Partner Agreement?

1. Parties: Identifies the contracting parties - the referral partner and the company receiving referrals

2. Background: Sets out the context of the agreement and basic premises of the relationship

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Establishes the referral partner's role and scope of authorized activities

5. Referral Process: Details the mechanics of how referrals should be made and tracked

6. Compensation: Specifies referral fees, payment terms, and calculation methods

7. Obligations of the Referral Partner: Lists the referral partner's duties and responsibilities

8. Obligations of the Company: Details the company's commitments and responsibilities

9. Compliance Requirements: Outlines regulatory compliance obligations and required approvals

10. Data Protection: Addresses handling of personal data and GDPR compliance

11. Confidentiality: Protects confidential information exchanged during the relationship

12. Intellectual Property: Covers usage of trademarks, logos, and other IP

13. Representations and Warranties: Contains basic promises and assurances from both parties

14. Limitation of Liability: Sets boundaries on parties' liability

15. Term and Termination: Specifies duration and ways to end the agreement

16. General Provisions: Contains standard boilerplate clauses like notices, assignment, etc.

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

1. Non-Compete: Restricts referral partner from working with competitors - use when exclusivity is required

2. Service Levels: Defines performance metrics - include for high-volume referral relationships

3. Marketing Guidelines: Specifies rules for marketing activities - use when partner will conduct marketing

4. Regulatory Compliance: Additional compliance requirements - include for regulated industries like financial services

5. Insurance Requirements: Specifies required insurance coverage - use for high-risk activities

6. Audit Rights: Allows audit of referral records - include for complex compensation structures

7. Anti-Bribery: Additional anti-corruption provisions - include for international arrangements

8. Force Majeure: Covers unforeseeable circumstances - include if business continuity is critical

What schedules should be included in a Referral Partner Agreement?

1. Schedule 1 - Compensation Structure: Detailed breakdown of referral fees and commission calculations

2. Schedule 2 - Referral Process Flow: Step-by-step process for making and tracking referrals

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

4. Schedule 4 - Data Processing Requirements: Detailed data protection and processing procedures

5. Schedule 5 - Service Level Requirements: Specific performance metrics and reporting requirements

6. Schedule 6 - Compliance Checklist: Required compliance procedures and documentation

7. Appendix A - Contact Details: Key contacts for both parties

8. Appendix B - Reporting Templates: Standard forms for referral reporting

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

Financial Services

Professional Services

Information Technology

Real Estate

Insurance

Management Consulting

Legal Services

Healthcare

Education and Training

Digital Marketing

Telecommunications

Relevant Teams

Legal

Business Development

Sales

Compliance

Operations

Finance

Marketing

Risk Management

Partner Relations

Commercial

Relevant Roles

Business Development Manager

Partnership Manager

Sales Director

Legal Counsel

Compliance Officer

Commercial Director

Chief Executive Officer

Operations Manager

Account Manager

Channel Manager

Marketing Director

Risk Manager

Chief Financial Officer

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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