The Consulting Referral Fee Agreement is essential for businesses operating in Ireland who wish to formalize their referral partnerships and commission structures. This document is typically used when consulting firms want to expand their client base through partner networks while ensuring clear terms for compensation and compliance with Irish regulations. The agreement covers crucial aspects such as referral qualification criteria, fee calculations, payment schedules, and compliance requirements. It's particularly important in the professional services sector where referral networks are common but need careful structuring to comply with professional regulations and data protection laws. The document helps prevent disputes by clearly defining what constitutes a successful referral and when fees become payable.
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1. Parties: Identification of the referrer and the consulting firm, including full legal names and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement, including 'Referral', 'Referral Fee', 'Successful Introduction', etc.
4. Scope of Agreement: Details of the referral arrangement and what constitutes a valid referral
5. Referral Process: Step-by-step process for making and accepting referrals
6. Referral Fee Structure: Calculation method and amounts of referral fees
7. Payment Terms: Timeline and method of fee payments, including invoicing requirements
8. Obligations of the Referrer: Responsibilities and commitments of the referring party
9. Obligations of the Consultant: Responsibilities and commitments of the consulting firm
10. Confidentiality: Protection of confidential information exchanged during the referral process
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Data Protection: GDPR compliance and data handling requirements
13. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction
1. Non-Solicitation: Prevents parties from directly soliciting each other's clients or employees
2. Exclusivity: Include when referrer is granted exclusive rights for certain territories or client types
3. Marketing and Branding: Guidelines for using each other's brands in referral activities
4. Dispute Resolution: Alternative dispute resolution procedures if preferred over court proceedings
5. Force Majeure: Provisions for unforeseen circumstances preventing performance
6. Insurance Requirements: Specific insurance coverage requirements for either party
7. Audit Rights: Right to audit referral records and payments
8. Anti-Bribery Compliance: Specific anti-corruption provisions for high-risk industries or situations
1. Schedule 1 - Fee Structure: Detailed breakdown of referral fee calculations and payment tiers
2. Schedule 2 - Referral Process: Detailed step-by-step procedures for making and processing referrals
3. Schedule 3 - Approved Marketing Materials: Templates and guidelines for referral marketing materials
4. Appendix A - Referral Report Template: Standard format for reporting referrals and tracking progress
5. Appendix B - Territory Definition: Detailed description of geographical or industry sectors covered
6. Appendix C - Data Processing Requirements: Specific GDPR compliance procedures and requirements
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