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1. Parties: Identification of the parties entering into the agreement (Referrer and Recipient Company)
2. Background: Context of the agreement and brief description of the parties' business activities
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Appointment and Scope: Appointment of referrer and scope of referral services
5. Referral Process: Detailed process for making and accepting referrals
6. Referral Fees and Payment Terms: Structure of referral fees, payment terms, and invoicing requirements
7. Obligations of the Referrer: Responsibilities and duties of the referring party
8. Obligations of the Recipient: Responsibilities and duties of the company receiving referrals
9. Representations and Warranties: Statements of fact and promises made by both parties
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: POPIA compliance and data handling requirements
12. Intellectual Property: Protection and usage of intellectual property rights
13. Term and Termination: Duration of agreement and termination provisions
14. Effect of Termination: Consequences and obligations upon termination
15. General Provisions: Standard legal provisions including notices, governing law, etc.
1. Non-Solicitation: Prevents parties from soliciting each other's employees or contractors - include when protecting against poaching is important
2. Non-Compete: Restricts referrer from providing similar services to competitors - include when exclusivity is required
3. Marketing and Promotion: Guidelines for marketing and promoting the referral relationship - include when parties will actively market the relationship
4. Quality Standards: Minimum quality requirements for referred contractors - include when specific qualifications or standards must be met
5. Dispute Resolution: Specific procedures for resolving disputes - include when parties prefer alternative dispute resolution methods
6. Insurance Requirements: Required insurance coverage - include when specific insurance requirements exist
7. Compliance with Laws: Specific regulatory compliance requirements - include when operating in regulated industries
8. Force Majeure: Provisions for unforeseen circumstances - include when specific risk allocation is needed
1. Schedule 1: Fee Structure: Detailed breakdown of referral fees, commission rates, and payment calculations
2. Schedule 2: Referral Process and Procedures: Step-by-step procedures for making and processing referrals
3. Schedule 3: Required Contractor Qualifications: List of minimum qualifications and requirements for referred contractors
4. Schedule 4: Approved Communication Methods: Specified methods and formats for referral communications
5. Schedule 5: Reporting Requirements: Templates and timing for required reports and notifications
6. Appendix A: Standard Referral Form: Template form for submitting contractor referrals
7. Appendix B: Code of Conduct: Standards of behavior and business conduct for all parties
Applicable Laws
Business Day
Commencement Date
Confidential Information
Contract Period
Contractor
Contractor Data
Effective Date
Eligible Contractor
Force Majeure Event
Intellectual Property Rights
Parties
Personal Information
Qualifying Referral
Recipient
Referral
Referral Date
Referral Fee
Referral Form
Referral Period
Referral Process
Referrer
Related Persons
Services
Successful Placement
Term
Territory
VAT
Writing
Appointment
Term
Referral Process
Fees and Payment
Obligations
Representations and Warranties
Confidentiality
Data Protection
Intellectual Property
Non-Compete
Non-Solicitation
Liability
Indemnification
Force Majeure
Termination
Effect of Termination
Assignment
Relationship of Parties
Dispute Resolution
Notices
Entire Agreement
Severability
Variation
Costs
Governing Law
Data Privacy
Anti-Corruption
Compliance with Laws
Third Party Rights
Information Technology
Construction
Engineering
Professional Services
Management Consulting
Healthcare
Financial Services
Mining
Energy
Telecommunications
Manufacturing
Education and Training
Real Estate
Project Management
Human Resources
Legal
Procurement
Compliance
Business Development
Operations
Talent Acquisition
Contract Administration
Vendor Management
Professional Services
Risk Management
Human Resources Director
Talent Acquisition Manager
Procurement Manager
Legal Counsel
Compliance Officer
Business Development Manager
Operations Director
Project Manager
Recruitment Specialist
Contract Manager
Resource Manager
Chief Human Resources Officer
Chief Operating Officer
Vendor Manager
Professional Services Director
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