The Referral Fee Agreement is essential for businesses operating in Malaysia who wish to formalize their referral relationships and commission structures. This document is commonly used when one party agrees to refer clients or business opportunities to another in exchange for compensation. It must comply with Malaysian legislation, including the Contracts Act 1950 and relevant industry-specific regulations. The agreement typically includes detailed sections on payment terms, referral processes, compliance requirements, and dispute resolution mechanisms. It's particularly important in regulated industries where transparency in business relationships is mandatory and helps protect both parties by clearly defining their rights, obligations, and the terms of compensation.
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1. Parties: Identifies and provides full details of the parties entering into the agreement - the referrer and the recipient of referrals
2. Background: Explains the context of the agreement and the parties' intentions regarding the referral arrangement
3. Definitions: Defines key terms used throughout the agreement including 'Referral', 'Referral Fee', 'Successful Referral', etc.
4. Scope of Referral Services: Details the nature of referrals to be made and any specific requirements or criteria
5. Referral Process: Outlines the specific steps and procedures for making and accepting referrals
6. Referral Fees and Payment Terms: Specifies the fee structure, calculation method, and payment terms including timing and method of payment
7. Obligations of the Parties: Lists the specific duties and responsibilities of both the referrer and recipient
8. Term and Termination: Specifies the duration of the agreement and circumstances under which it can be terminated
9. Confidentiality: Addresses the handling of confidential information shared between parties
10. Data Protection: Ensures compliance with Malaysian Personal Data Protection Act and handling of personal information
11. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and sets jurisdiction for dispute resolution
12. General Provisions: Standard boilerplate clauses including entire agreement, amendments, notices, etc.
1. Non-Compete: Restricts the referrer from making referrals to competitors - include when exclusivity is required
2. Training and Support: Details any training or support provided to the referrer - include when specific knowledge transfer is needed
3. Marketing and Branding: Guidelines for using brands and marketing materials - include when referrer will be promoting the recipient's services
4. Compliance with Industry Regulations: Specific compliance requirements - include when operating in regulated industries like financial services
5. Insurance: Insurance requirements - include when referrals involve high-value transactions or professional services
6. Dispute Resolution: Detailed dispute resolution procedures - include when parties prefer specific resolution mechanisms
7. Force Majeure: Provisions for unforeseen circumstances - include when long-term or high-value arrangements are involved
1. Schedule 1 - Fee Structure: Detailed breakdown of referral fees, commission rates, and calculation methods
2. Schedule 2 - Referral Criteria: Specific criteria for qualified referrals and any exclusions
3. Schedule 3 - Reporting Template: Standard format for tracking and reporting referrals
4. Schedule 4 - Service Level Agreement: Performance metrics and service levels if applicable
5. Appendix A - Contact Details: Key contact persons and their details for both parties
6. Appendix B - Compliance Checklist: Regulatory and compliance requirements checklist if applicable
Relevant legal definitions
Agreement
Business Day
Confidential Information
Effective Date
Intellectual Property Rights
Malaysian Ringgit
Notice
Personal Data
Qualified Lead
Referral
Referral Fee
Referral Period
Referral Services
Referred Client
Successful Referral
Territory
Commission Rate
Payment Date
Referral Process
Service Provider
Referral Partner
Completion Date
Contract Value
Minimum Fee
Performance Metrics
Qualifying Criteria
Rejection Notice
Related Company
Services
Term
Business Day
Confidential Information
Effective Date
Intellectual Property Rights
Malaysian Ringgit
Notice
Personal Data
Qualified Lead
Referral
Referral Fee
Referral Period
Referral Services
Referred Client
Successful Referral
Territory
Commission Rate
Payment Date
Referral Process
Service Provider
Referral Partner
Completion Date
Contract Value
Minimum Fee
Performance Metrics
Qualifying Criteria
Rejection Notice
Related Company
Services
Term
Clauses
Interpretation
Appointment
Scope of Services
Referral Process
Payment Terms
Commission Structure
Performance Obligations
Representations and Warranties
Confidentiality
Data Protection
Intellectual Property
Non-Compete
Non-Solicitation
Term and Duration
Termination
Force Majeure
Indemnification
Liability Limitation
Insurance
Assignment
Notices
Entire Agreement
Amendment
Severability
Waiver
Governing Law
Dispute Resolution
Compliance with Laws
Anti-Corruption
Third Party Rights
Relationship of Parties
Survival
Appointment
Scope of Services
Referral Process
Payment Terms
Commission Structure
Performance Obligations
Representations and Warranties
Confidentiality
Data Protection
Intellectual Property
Non-Compete
Non-Solicitation
Term and Duration
Termination
Force Majeure
Indemnification
Liability Limitation
Insurance
Assignment
Notices
Entire Agreement
Amendment
Severability
Waiver
Governing Law
Dispute Resolution
Compliance with Laws
Anti-Corruption
Third Party Rights
Relationship of Parties
Survival
Relevant Industries
Professional Services
Financial Services
Real Estate
Insurance
Technology
Healthcare
Education
Consulting
Marketing and Advertising
Recruitment
Legal Services
Property Development
Banking
Telecommunications
Business Services
Relevant Teams
Legal
Business Development
Sales
Marketing
Compliance
Finance
Operations
Commercial
Partnerships
Account Management
Relevant Roles
Business Development Manager
Sales Director
Marketing Manager
Channel Partner Manager
Chief Executive Officer
Legal Counsel
Compliance Officer
Partnership Manager
Account Executive
Business Owner
Commercial Director
Operations Manager
Finance Manager
Contract Administrator
Relationship Manager
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