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Referral Contract Agreement
"I need a Referral Contract Agreement for my software consulting company to establish a partnership with IT service providers who will refer clients to us, with a 15% commission structure and quarterly payments, starting March 2025."
1. Parties: Identification of the referring party and the recipient of referrals, including full legal names and addresses
2. Background: Context of the agreement, business relationship, and purpose of the referral arrangement
3. Definitions: Key terms used throughout the agreement, including 'Referral', 'Referral Fee', 'Qualified Lead', etc.
4. Scope of Agreement: Details of what constitutes a valid referral and the territory or market covered
5. Referral Process: Step-by-step process for making and accepting referrals
6. Compensation: Structure of referral fees, payment terms, and calculation methods
7. Obligations of Referring Party: Duties and responsibilities of the party making referrals
8. Obligations of Recipient: Duties and responsibilities of the party receiving referrals
9. Confidentiality: Protection of confidential information exchanged during the referral process
10. Term and Termination: Duration of agreement and conditions for termination
11. Representations and Warranties: Basic promises and guarantees made by each party
12. General Provisions: Standard legal clauses including governing law, notices, and amendment procedures
1. Non-Solicitation: Prevents parties from directly soliciting each other's clients or employees. Include when protecting client relationships is crucial.
2. Exclusivity: Establishes whether the referral arrangement is exclusive. Include when parties want territorial or industry exclusivity.
3. Intellectual Property: Governs use of trademarks and marketing materials. Include when branding and marketing are significant components.
4. Data Protection: Detailed privacy and data handling requirements. Include when significant personal data is involved.
5. Training and Support: Requirements for training or support in the referral process. Include for complex products or services.
6. Regulatory Compliance: Industry-specific compliance requirements. Include for regulated industries.
7. Marketing and Promotion: Guidelines for marketing the referral relationship. Include when joint marketing is planned.
8. Dispute Resolution: Specific procedures for resolving disputes. Include when parties want to specify mediation or arbitration.
1. Schedule A - Referral Fee Structure: Detailed breakdown of fee calculations, tiers, and payment terms
2. Schedule B - Referral Process Workflow: Detailed step-by-step process flow for handling referrals
3. Schedule C - Approved Marketing Materials: Templates and guidelines for referral marketing
4. Schedule D - Service Level Agreement: Performance metrics and response time requirements
5. Appendix 1 - Contact Information: Key contacts and escalation procedures for both parties
6. Appendix 2 - Compliance Checklist: Industry-specific compliance requirements and procedures
7. Appendix 3 - Reporting Templates: Standard forms for tracking and reporting referrals
Authors
Professional Services
Financial Services
Real Estate
Insurance
Technology
Healthcare
Education
Marketing and Advertising
Consulting
Legal Services
Information Technology
Telecommunications
Business Services
Retail
Legal
Business Development
Sales
Compliance
Operations
Marketing
Finance
Partnership Management
Executive Leadership
Risk Management
Contract Administration
Business Development Manager
Sales Director
Partnership Manager
Chief Executive Officer
Chief Operating Officer
Legal Counsel
Compliance Officer
Marketing Director
Channel Manager
Account Executive
Business Owner
Managing Partner
Operations Manager
Strategic Alliance Manager
Sales Operations Manager
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