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Agency Referral Agreement for Australia

Agency Referral Agreement Template for Australia

An Agency Referral Agreement governed by Australian law establishes a formal arrangement between a principal service provider and a referring agent, outlining the terms and conditions under which business referrals will be made and managed. This agreement complies with Australian federal and state legislation, including the Competition and Consumer Act 2010 and relevant industry-specific regulations. It details the referral process, commission structures, compliance requirements, confidentiality obligations, and risk allocation between parties, while ensuring alignment with Australian consumer protection and privacy laws.

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What is a Agency Referral Agreement?

The Agency Referral Agreement is essential for businesses operating in Australia that wish to establish formal referral partnerships. This document is particularly relevant when one party (the referring agent) agrees to refer clients or business opportunities to another party (the principal service provider) in exchange for compensation. The agreement ensures compliance with Australian legislation, including consumer protection laws, privacy regulations, and industry-specific requirements. It typically includes detailed provisions for referral processes, commission structures, compliance obligations, and risk management. The Agency Referral Agreement is commonly used across various sectors including financial services, real estate, and professional services, where referral networks are crucial for business growth. The document should be tailored to reflect specific state jurisdictions within Australia where applicable, while maintaining compliance with federal regulations.

What sections should be included in a Agency Referral Agreement?

1. Parties: Identifies the parties entering into the agreement - typically the referring party and the service provider

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles

4. Appointment and Scope: Establishes the referral relationship and defines its scope

5. Referral Process: Details the process for making and accepting referrals

6. Fees and Payment Terms: Specifies referral fees, commission structures, and payment arrangements

7. Obligations of Referring Party: Lists the responsibilities and duties of the party making referrals

8. Obligations of Service Provider: Details the responsibilities and duties of the party receiving referrals

9. Compliance Requirements: Outlines regulatory compliance obligations and required business conduct

10. Confidentiality: Addresses the protection and handling of confidential information

11. Intellectual Property: Covers ownership and usage rights of intellectual property

12. Term and Termination: Specifies agreement duration and termination provisions

13. Dispute Resolution: Sets out procedures for resolving disputes between parties

14. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment

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

1. Service Level Requirements: Used when specific performance metrics need to be maintained

2. Marketing and Promotion: Include when parties need to coordinate marketing efforts or use each other's branding

3. Training Requirements: Required when referring party needs specific training on services or referral processes

4. Data Protection: Additional detailed section when significant personal data processing is involved

5. Insurance Requirements: Include when specific insurance coverage needs to be maintained

6. Non-Compete Provisions: Used when restrictions on competitive activities are necessary

7. Audit Rights: Include when regular auditing of referrals or payments is required

8. Territory Restrictions: Used when referrals are limited to specific geographic areas

What schedules should be included in a Agency Referral Agreement?

1. Schedule 1 - Fee Schedule: Detailed breakdown of referral fees, commission rates, and payment calculations

2. Schedule 2 - Referral Procedures: Step-by-step process for making and handling referrals

3. Schedule 3 - Service Description: Detailed description of services covered by the referral arrangement

4. Schedule 4 - Compliance Requirements: Specific regulatory and compliance obligations

5. Schedule 5 - Approved Marketing Materials: Templates and guidelines for marketing and promotional materials

6. Appendix A - Referral Forms: Standard forms and templates for making referrals

7. Appendix B - Contact Details: Key contact information for both parties

8. Appendix C - Reporting Templates: Standard formats for required reports and documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions






























Clauses


































Relevant Industries

Financial Services

Professional Services

Real Estate

Insurance

Legal Services

Healthcare

Information Technology

Management Consulting

Education and Training

Business Services

Property Services

Recruitment and HR

Relevant Teams

Legal

Compliance

Business Development

Sales

Operations

Risk Management

Commercial

Partner Relations

Contract Administration

Finance

Relevant Roles

Business Development Manager

Sales Director

Partner Relations Manager

Legal Counsel

Compliance Officer

Commercial Director

Channel Manager

Chief Executive Officer

Managing Director

Operations Manager

Partnership Manager

Sales Manager

Business Manager

Risk Manager

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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