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Referral Commission Agreement
"I need a Referral Commission Agreement for my Philippine software company to engage international referral partners who will introduce our cloud services to Southeast Asian businesses, with a tiered commission structure starting from January 2025 and including data privacy compliance requirements."
1. Parties: Identifies the parties to the agreement - the referrer/agent and the company receiving referrals
2. Background: Explains the context of the agreement and the parties' intentions to enter into a referral relationship
3. Definitions: Defines key terms used throughout the agreement including 'Successful Referral', 'Commission', 'Qualified Lead', etc.
4. Appointment and Scope: Establishes the referrer's role, rights, and the territorial scope of the agreement
5. Referral Process: Details the process for making referrals, including requirements for valid referrals and acceptance criteria
6. Commission Structure: Outlines the commission rates, calculation method, and qualifying criteria for commission payments
7. Payment Terms: Specifies payment timing, method, currency, and any applicable tax withholding requirements
8. Obligations of the Referrer: Lists the referrer's duties, including compliance with laws and maintaining professional standards
9. Obligations of the Company: Details the company's responsibilities in processing referrals and supporting the referrer
10. Compliance with Laws: Addresses compliance with Philippine laws, including data privacy, tax, and anti-corruption requirements
11. Term and Termination: Specifies the agreement duration and grounds for termination
12. Confidentiality: Protects confidential information exchanged during the referral relationship
13. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement
1. Exclusivity: Used when the referrer is granted exclusive rights in specific territories or customer segments
2. Training and Support: Include when the company provides specific training or support materials to the referrer
3. Marketing and Branding: When the referrer needs rights to use company branding or must follow specific marketing guidelines
4. Performance Targets: Include if the agreement includes minimum performance requirements or targets
5. Insurance Requirements: Used in high-risk industries or when referrer must maintain specific insurance coverage
6. Non-Compete: When restrictions on competing activities are required during or after the agreement
7. Audit Rights: Include for arrangements with complex commission structures requiring verification
8. Data Protection: Detailed section needed when referral process involves significant personal data handling
1. Commission Rate Schedule: Detailed breakdown of commission rates, tiers, and any variations based on product/service type
2. Referral Form Template: Standard form for submitting referrals including required information and format
3. Territories: If applicable, detailed list of geographical areas covered by the agreement
4. Approved Marketing Materials: Templates or guidelines for marketing and promotional materials
5. Commission Report Template: Standard format for periodic commission reporting and reconciliation
6. Data Processing Requirements: Detailed procedures for handling personal data in compliance with Philippine Data Privacy Act
Authors
Agreement
Applicable Laws
Business Day
Commission
Commission Period
Confidential Information
Customer
Data Protection Laws
Effective Date
Excluded Customer
Force Majeure Event
Intellectual Property Rights
Lead
Performance Targets
Personal Data
Products
Qualified Lead
Qualified Referral
Referral
Referral Fee
Referral Form
Referral Period
Referral Process
Referral Territory
Services
Successful Referral
Term
Territory
VAT
Withholding Tax
Scope
Exclusivity
Referral Process
Commission
Payment Terms
Obligations
Representations and Warranties
Confidentiality
Data Protection
Intellectual Property
Non-Compete
Non-Solicitation
Term
Termination
Force Majeure
Indemnification
Limitation of Liability
Insurance
Compliance with Laws
Anti-Corruption
Tax Compliance
Assignment
Notices
Entire Agreement
Amendment
Severability
Governing Law
Dispute Resolution
Counterparts
Financial Services
Real Estate
Insurance
Professional Services
Technology
Telecommunications
Healthcare
Education
Management Consulting
Business Process Outsourcing
Software and IT Services
Recruitment and HR Services
Legal
Business Development
Sales
Compliance
Finance
Tax
Partner Relations
Commercial Operations
Revenue Operations
Contract Administration
Business Development Manager
Sales Director
Channel Partner Manager
Affiliate Program Manager
Legal Counsel
Compliance Officer
Commercial Director
Partnership Manager
Chief Revenue Officer
Sales Operations Manager
Account Manager
Business Development Representative
Chief Financial Officer
Tax Manager
Contract Administrator
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