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Affiliate Referral Agreement
I need an Affiliate Referral Agreement under Hong Kong law for my e-commerce platform, with an exclusive territory covering Southeast Asia and a tiered commission structure based on sales volume.
1. Parties: Identifies and provides details of the principal company and the affiliate partner
2. Background: Sets out the context of the agreement, including the principal's business and the purpose of the affiliate arrangement
3. Definitions: Defines key terms used throughout the agreement, including 'Qualified Referrals', 'Commission', 'Tracking Method', etc.
4. Appointment and Scope: Establishes the affiliate's appointment, territory, and whether the relationship is exclusive or non-exclusive
5. Referral Process: Details the mechanism for making and tracking referrals, including technical requirements
6. Commission Structure: Specifies commission rates, calculation methods, and payment terms
7. Obligations of Principal: Sets out the principal's responsibilities, including tracking, reporting, and support
8. Obligations of Affiliate: Details the affiliate's duties, marketing requirements, and compliance obligations
9. Intellectual Property: Covers usage rights for trademarks, marketing materials, and other IP
10. Data Protection: Addresses PDPO compliance and data handling requirements
11. Term and Termination: Specifies agreement duration, renewal terms, and termination rights
12. Confidentiality: Protects confidential information exchanged during the relationship
13. General Provisions: Includes standard clauses like notices, amendments, governing law, etc.
1. Training and Support: Used when the principal provides specific training or support systems to affiliates
2. Performance Targets: Included when minimum performance requirements are set for the affiliate
3. Multi-tier Commission Structure: For complex commission schemes with multiple levels or bonus structures
4. Audit Rights: When detailed verification of referrals and commission calculations is required
5. Sub-affiliate Arrangements: If the affiliate is permitted to appoint sub-affiliates
6. Marketing Guidelines: Detailed marketing requirements and restrictions beyond basic obligations
7. Dispute Resolution: Specific dispute resolution procedures beyond standard court jurisdiction
1. Commission Rates and Calculations: Detailed breakdown of commission structures and calculation methods
2. Tracking Methods and Technical Requirements: Technical specifications for referral tracking and reporting
3. Approved Marketing Materials: List of pre-approved marketing materials and usage guidelines
4. Territorial Restrictions: Detailed description of territorial limits and excluded territories
5. Data Processing Requirements: Specific data handling and protection requirements
6. Service Level Agreement: Performance metrics and response time requirements
7. Compliance Requirements: Detailed regulatory compliance requirements and procedures
Authors
E-commerce
Financial Services
Technology
Digital Marketing
Retail
Professional Services
Education
Healthcare
Travel and Hospitality
Insurance
Real Estate
Telecommunications
Legal
Marketing
Business Development
Compliance
Digital Marketing
Sales
Partnerships
Operations
Commercial
Marketing Director
Business Development Manager
Legal Counsel
Affiliate Program Manager
Partnership Manager
Compliance Officer
Digital Marketing Manager
Sales Director
Chief Marketing Officer
Business Operations Manager
Channel Manager
Commercial Director
Head of Partnerships
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Affiliate Referral Agreement
A Hong Kong law-governed agreement establishing terms and conditions for affiliate marketing relationships, including referral mechanisms and commission structures.
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