Referral Partner Agreement for New Zealand

Referral Partner Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes and regulates a referral partnership between two entities. The document outlines the terms and conditions under which one party (the Referral Partner) will refer potential customers or business opportunities to the other party (the Principal) in exchange for agreed compensation. It includes detailed provisions for the referral process, commission structure, compliance requirements, data protection obligations, and risk management measures, all aligned with New Zealand's legal framework including the Contract and Commercial Law Act 2017 and Privacy Act 2020.

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What is a Referral Partner Agreement?

This Referral Partner Agreement is designed for use in New Zealand business contexts where companies seek to formalize relationships with partners who generate business leads or customer referrals. The agreement is particularly relevant in today's interconnected business environment where strategic partnerships are crucial for growth. It provides a comprehensive framework that addresses key aspects of the referral relationship including commission structures, referral processes, compliance requirements, and risk management. The document ensures compliance with New Zealand legislation, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Privacy Act 2020. It is suitable for various industries and can be customized to accommodate specific business needs while maintaining legal compliance.

What sections should be included in a Referral Partner Agreement?

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

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

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

What schedules should be included in a Referral Partner Agreement?

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

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

New Zealand

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Professional Services

Technology

Real Estate

Insurance

Healthcare

Education

Consulting

Telecommunications

Software and IT

Business Services

Legal Services

Relevant Teams

Legal

Business Development

Sales

Compliance

Finance

Operations

Risk Management

Marketing

Partnership Management

Commercial

Relevant Roles

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

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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