The Agent Referral Agreement is a crucial document for businesses and professionals in New Zealand who wish to establish formal referral networks and partnerships. This agreement is typically used when one party (the referring agent) agrees to refer potential clients or business opportunities to another party (the receiving agent) in exchange for compensation. The document carefully outlines the referral mechanism, compensation structure, and mutual obligations while ensuring compliance with New Zealand legislation, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and relevant industry regulations. It's particularly valuable for businesses looking to expand their client base through structured referral partnerships while maintaining legal compliance and protecting both parties' interests.
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1. Parties: Identifies the parties to the agreement, including full legal names and addresses
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Appointment and Scope: Establishes the referral relationship and defines its scope
5. Referral Process: Details the process for making and accepting referrals
6. Compensation and Payment Terms: Specifies referral fees, payment structure, and payment terms
7. Obligations of Referring Party: Lists the duties and responsibilities of the party making referrals
8. Obligations of Receiving Party: Lists the duties and responsibilities of the party receiving referrals
9. Confidentiality: Addresses the handling of confidential information shared between parties
10. Intellectual Property: Protects each party's intellectual property rights and usage
11. Term and Termination: Specifies agreement duration and termination conditions
12. General Provisions: Contains standard legal clauses including governing law, notices, and assignment
1. Performance Standards: Used when specific quality metrics or service levels need to be maintained
2. Training and Support: Include when one party needs to provide training or support to the other
3. Marketing and Promotion: Added when parties need to specify how marketing of the referral relationship will be handled
4. Non-Compete: Include when parties wish to restrict competition during or after the agreement
5. Data Protection: Required when significant personal data processing is involved
6. Dispute Resolution: Include when parties want to specify particular dispute resolution mechanisms
7. Insurance Requirements: Added when specific insurance coverage needs to be maintained
8. Compliance with Industry Regulations: Include when referrals involve regulated industries or activities
1. Schedule 1 - Compensation 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 Requirements: Templates and timing for required reports and tracking
4. Schedule 4 - Territory Definition: If applicable, defines geographical or market segments covered
5. Appendix A - Referral Process Workflow: Detailed step-by-step process for handling referrals
6. Appendix B - Required Forms: Standard forms used in the referral process
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