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Consultant Referral Agreement
"I need a Consultant Referral Agreement under Philippine law for my IT services company, with an exclusivity clause and a minimum referral fee of 15% for successful placements, to be effective from March 1, 2025."
1. Parties: Identifies the parties to the agreement: the referrer (who introduces consultants) and the company receiving the referrals
2. Background: Sets out the context of the agreement, including the company's need for consultants and the referrer's ability to introduce suitable candidates
3. Definitions: Defines key terms used throughout the agreement, including 'Successful Referral', 'Referral Fee', 'Consultant', etc.
4. Scope of Services: Details the referral services to be provided and any specific requirements for potential consultants
5. Referral Process: Outlines the procedure for making referrals, including required information and documentation
6. Referral Fees: Specifies the fee structure, calculation method, and conditions for payment of referral fees
7. Payment Terms: Details the timing and method of payment, including any tax considerations
8. Term and Termination: Specifies the duration of the agreement and circumstances for termination
9. Confidentiality: Protects confidential information shared during the referral process
10. Non-Solicitation: Prevents direct hiring or poaching of referred consultants outside the agreement
11. Representations and Warranties: States the parties' assurances regarding their authority and capacity to enter into the agreement
12. Governing Law: Specifies Philippine law as governing law and outlines dispute resolution procedures
1. Data Protection: Required when personal data of consultants will be shared, ensuring compliance with the Data Privacy Act
2. Intellectual Property: Needed when the referral process involves sharing proprietary methods or materials
3. Force Majeure: Optional clause to address unforeseen circumstances preventing performance
4. Anti-Corruption Compliance: Important when dealing with government contracts or high-risk industries
5. Insurance: Required when referrals involve high-risk consulting activities
6. Assignment: Include when parties want to restrict or permit the transfer of rights under the agreement
7. Exclusivity: Optional clause for arrangements where the referrer works exclusively with the company
1. Schedule A - Fee Structure: Detailed breakdown of referral fees, including calculation methods and examples
2. Schedule B - Referral Requirements: Specific criteria and qualifications required for consultant referrals
3. Schedule C - Referral Process Workflow: Step-by-step process flow for making and processing referrals
4. Appendix 1 - Referral Form Template: Standard form for submitting consultant referrals
5. Appendix 2 - Due Diligence Checklist: Checklist for vetting potential consultants
6. Appendix 3 - Consultant Qualification Matrix: Framework for evaluating consultant suitability
Authors
Agreement
Business Day
Commencement Date
Confidential Information
Consultant
Consulting Services
Effective Date
Engagement
Force Majeure Event
Intellectual Property Rights
Notice
Personal Data
Qualified Referral
Recipient Company
Referral
Referral Fee
Referral Period
Referrer
Successful Referral
Term
Territory
VAT
Withholding Tax
Appointment
Referral Process
Fees and Payment
Obligations of the Referrer
Obligations of the Recipient
Term and Termination
Confidentiality
Data Protection
Intellectual Property
Non-Solicitation
Non-Competition
Representations and Warranties
Indemnification
Force Majeure
Assignment
Notices
Severability
Entire Agreement
Amendment
Waiver
Governing Law
Dispute Resolution
Anti-Corruption
Tax Compliance
Relationship of Parties
Exclusivity
Compliance with Laws
Third Party Rights
Counterparts
Professional Services
Information Technology
Management Consulting
Human Resources
Financial Services
Business Process Outsourcing
Healthcare
Engineering
Education and Training
Real Estate
Legal Services
Human Resources
Legal
Procurement
Business Development
Operations
Finance
Compliance
Talent Acquisition
Contract Administration
Project Management
Human Resources Director
Talent Acquisition Manager
Legal Counsel
Procurement Manager
Business Development Manager
Operations Director
Recruitment Specialist
Compliance Officer
Finance Manager
Project Manager
Contract Administrator
Chief Human Resources Officer
Professional Services Director
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