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1. Parties: Identifies and provides full legal details of the parties entering into the agreement
2. Background: Sets out the context and purpose of the agreement, including the nature of the referral relationship
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation
4. Appointment and Scope: Establishes the referral partner's appointment, territory, and whether the relationship is exclusive or non-exclusive
5. Referral Process: Details the specific procedures for making and tracking referrals
6. Compensation and Payment Terms: Specifies commission rates, payment schedules, and calculation methods
7. Obligations of the Principal: Outlines the company's responsibilities in handling referrals and supporting the referral partner
8. Obligations of the Referral Partner: Details the referral partner's duties, including compliance and ethical requirements
9. Intellectual Property: Addresses the use of trademarks, logos, and other IP in the referral relationship
10. Confidentiality: Protects confidential information shared between parties
11. Privacy and Data Protection: Ensures compliance with privacy laws and data handling requirements
12. Term and Termination: Specifies the agreement duration and circumstances for termination
13. Post-Termination Obligations: Outlines obligations that survive after the agreement ends
14. General Provisions: Includes standard legal clauses such as governing law, notices, and assignment
1. Training and Support: Details training and support provided to the referral partner, included when the relationship involves complex products or services
2. Performance Targets: Sets minimum performance requirements, included when specific targets are needed to maintain the relationship
3. Marketing and Promotion: Specifies guidelines for marketing activities, included when the partner will conduct marketing
4. Audit Rights: Grants rights to audit referral activities, included for high-value or regulated industries
5. Insurance Requirements: Specifies required insurance coverage, included when the referral activities carry significant risks
6. Dispute Resolution: Details specific dispute resolution procedures, included for high-value agreements or complex relationships
7. Anti-Bribery and Corruption: Includes specific anti-bribery provisions, necessary for international relationships or regulated industries
8. Force Majeure: Addresses unforeseen circumstances, included when continuity of service is critical
1. Schedule 1 - Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods
2. Schedule 2 - Referral Process and Requirements: Step-by-step procedures for making and processing referrals
3. Schedule 3 - Approved Marketing Materials: List of approved marketing materials and usage guidelines
4. Schedule 4 - Service Level Agreement: Performance standards and response times for handling referrals
5. Schedule 5 - Privacy and Data Protection Requirements: Specific procedures for handling personal information
6. Appendix A - Reporting Templates: Standard forms for referral tracking and commission reporting
7. Appendix B - Compliance Checklist: Checklist of regulatory and compliance requirements
Applicable Laws
Business Day
Commencement Date
Commission
Confidential Information
Effective Date
Eligible Referral
Force Majeure Event
Initial Term
Intellectual Property Rights
Marketing Materials
Personal Information
Principal
Products
Qualified Lead
Referral
Referral Fee
Referral Partner
Referral Period
Renewal Term
Services
Successful Referral
Term
Territory
Trademarks
Valid Referral
Customer
Minimum Performance Requirements
Payment Period
Commission Rate
Related Companies
Representatives
Reporting Period
Conversion
Excluded Customer
Good Industry Practice
Insolvency Event
Material Breach
Nominated Contact Person
Privacy Laws
Service Level Requirements
Term
Exclusivity
Referral Process
Commission
Payment Terms
Performance Requirements
Obligations
Representations and Warranties
Intellectual Property
Confidentiality
Privacy and Data Protection
Marketing and Promotion
Compliance
Record Keeping
Audit Rights
Liability
Indemnification
Insurance
Force Majeure
Termination
Post-Termination
Non-Solicitation
Non-Competition
Assignment
Subcontracting
Notices
Dispute Resolution
Governing Law
Entire Agreement
Variation
Severability
Relationship of Parties
Third Party Rights
Anti-Bribery and Corruption
Counterparts
Costs
Waiver
Further Assurance
GST and Taxation
Financial Services
Professional Services
Technology
Real Estate
Insurance
Healthcare
Education
Consulting
Telecommunications
Software and IT
Business Services
Legal Services
Legal
Business Development
Sales
Compliance
Finance
Operations
Risk Management
Marketing
Partnership Management
Commercial
Business Development Manager
Partnership Manager
Legal Counsel
Compliance Officer
Sales Director
Channel Manager
Chief Executive Officer
Commercial Director
Operations Manager
Risk Manager
Marketing Manager
Account Manager
Chief Financial Officer
Contract Administrator
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