The Referral Compensation Agreement is essential for businesses operating in Hong Kong that wish to formalize their referral relationships and establish clear compensation frameworks. This document is particularly relevant in today's interconnected business environment where strategic partnerships and referral networks are crucial for growth. The agreement ensures compliance with Hong Kong's legal requirements, including the Personal Data (Privacy) Ordinance, Prevention of Bribery Ordinance, and relevant industry regulations. It is commonly used by financial institutions, professional services firms, and businesses seeking to expand their client base through structured referral programs. The document includes comprehensive provisions for referral processes, compensation calculations, payment terms, compliance requirements, and dispute resolution mechanisms, all tailored to Hong Kong's business and legal context.
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1. Parties: Identifies and provides details of the referrer and the company receiving referrals
2. Background: Explains the context of the agreement and the parties' intention to enter into a referral arrangement
3. Definitions: Defines key terms used throughout the agreement including 'Referral', 'Qualified Referral', 'Compensation', etc.
4. Appointment and Scope: Outlines the nature of the referral relationship and scope of services
5. Referral Process: Details the procedure for making and accepting referrals
6. Compensation Structure: Specifies the compensation rates, calculation methods, and payment terms
7. Payment Terms: Defines payment timing, method, and any conditions precedent to payment
8. Obligations of Parties: Lists specific duties and responsibilities of both parties
9. Representations and Warranties: Standard warranties about capacity to contract and compliance with laws
10. Confidentiality: Provisions for protecting confidential information and referral data
11. Data Privacy Compliance: Ensures compliance with Hong Kong's Personal Data (Privacy) Ordinance
12. Term and Termination: Specifies agreement duration and termination provisions
13. Governing Law and Jurisdiction: Confirms Hong Kong law governs and specifies jurisdiction for disputes
1. Non-Solicitation: Prevents parties from directly soliciting each other's clients or employees - include when dealing with sensitive business relationships
2. Exclusivity: Establishes whether the referral arrangement is exclusive - include when exclusivity is part of the business arrangement
3. Intellectual Property: Protects trademarks and marketing materials - include when branding and marketing materials are shared
4. Insurance: Requires parties to maintain specific insurance coverage - include for high-risk industries or substantial referral arrangements
5. Compliance with Industry Regulations: Adds specific regulatory compliance requirements - include for regulated industries like financial services
6. Marketing and Promotion: Sets rules for marketing the referral relationship - include when public promotion is contemplated
7. Force Majeure: Addresses unforeseen circumstances - include for long-term or high-value arrangements
1. Schedule 1 - Compensation Rates: Detailed breakdown of referral fees, commission rates, and calculation methods
2. Schedule 2 - Referral Procedures: Step-by-step process for making and tracking referrals
3. Schedule 3 - Reporting Requirements: Templates and timing for referral reporting and tracking
4. Schedule 4 - Approved Marketing Materials: Pre-approved marketing content and usage guidelines
5. Appendix A - Contact Details: Key contact information for both parties
6. Appendix B - Data Processing Requirements: Specific procedures for handling personal data in compliance with Hong Kong law
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