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Referral Commission Agreement Template for Ireland

This document establishes a formal referral relationship between parties under Irish law, outlining the terms and conditions under which one party (the referrer) will refer customers or clients to another party (the principal company) in exchange for commission payments. The agreement covers essential elements including commission structures, payment terms, referral processes, compliance with Irish regulations including GDPR and consumer protection laws, and the parties' respective obligations. It includes provisions for tracking referrals, calculating commissions, and maintaining regulatory compliance while protecting both parties' interests.

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What is a Referral Commission Agreement?

This Referral Commission Agreement is designed for use in situations where one party wishes to formally engage another party to refer customers or clients in exchange for commission payments. The document is governed by Irish law and incorporates relevant regulatory requirements, including data protection, consumer protection, and financial services regulations where applicable. It provides a comprehensive framework for managing referral relationships, detailing commission structures, payment terms, compliance obligations, and operational procedures. The agreement is particularly important in regulated industries where formal documentation of referral arrangements is required, and it helps prevent disputes by clearly defining the rights, obligations, and expectations of all parties involved.

What sections should be included in a Referral Commission Agreement?

1. Parties: Identifies and provides full details of the parties entering into the agreement

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

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Establishes the referrer's role and the scope of referral services

5. Referral Process: Details the procedure for making and tracking referrals

6. Commission Structure: Specifies commission rates, calculation methods, and payment terms

7. Obligations of the Referrer: Lists the referrer's duties and responsibilities

8. Obligations of the Company: Lists the company's duties and responsibilities

9. Compliance Requirements: Outlines regulatory compliance obligations including data protection and consumer protection

10. Term and Termination: Specifies the agreement duration and termination provisions

11. Confidentiality: Addresses the handling of confidential information

12. Intellectual Property: Covers the use of trademarks, logos, and other IP in the referral process

13. General Provisions: Contains standard boilerplate clauses including governing law, notices, and entire agreement

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

1. Non-Compete: Restricts the referrer from working with competitors - include when exclusivity is required

2. Marketing and Promotion: Details permitted marketing activities - include when referrer will actively promote services

3. Training and Support: Outlines training provided to referrer - include when complex products/services are involved

4. Insurance Requirements: Specifies required insurance coverage - include for high-risk or regulated industries

5. Dispute Resolution: Details specific dispute resolution procedures - include for high-value or complex arrangements

6. Service Levels: Defines performance metrics - include when specific targets are required

7. Subcontracting: Addresses ability to subcontract referral activities - include when relevant to business model

What schedules should be included in a Referral Commission Agreement?

1. Commission Rates and Calculations: Detailed breakdown of commission structures and calculation methodologies

2. Referral Process Workflow: Step-by-step process flow for making and processing referrals

3. Approved Marketing Materials: List of pre-approved marketing materials and usage guidelines

4. Data Processing Requirements: Specific data protection and processing requirements

5. Compliance Checklist: Regulatory compliance requirements and procedures

6. Reporting Templates: Standard formats for referral and commission reports

Authors

Alex Denne

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

Jurisdiction

Ireland

Document Type

Referral Agreement

Sector

Sales

Cost

Free to use

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