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Referral Partnership Agreement for India

Referral Partnership Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes and regulates a referral partnership between two or more parties. The document outlines the terms and conditions for referring potential customers or business opportunities, including commission structures, referral processes, obligations of parties, and compliance requirements. It incorporates provisions compliant with Indian Contract Act, 1872, and relevant data protection regulations, while addressing specific industry requirements and commercial terms for successful partnership operation.

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Referral Partnership Agreement

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What is a Referral Partnership Agreement?

The Referral Partnership Agreement serves as a crucial legal framework for businesses in India looking to expand their reach through strategic partnerships. This document is essential when companies wish to formalize arrangements where one party refers customers or business opportunities to another in exchange for compensation. It is particularly relevant in today's interconnected business environment where strategic partnerships drive growth. The agreement encompasses all necessary elements required under Indian law, including detailed commission structures, referral mechanisms, compliance requirements, and data protection provisions. It is designed to protect both parties' interests while ensuring transparency and enforceability under Indian jurisdiction, with specific attention to requirements under the Indian Contract Act, 1872, and other relevant legislation.

What sections should be included in a Referral Partnership Agreement?

1. Parties: Identification and details of the principal company and the referral partner

2. Background: Context of the agreement and brief description of both parties' businesses

3. Definitions: Definitions of key terms used throughout the agreement including 'Referral', 'Qualified Lead', 'Commission', etc.

4. Appointment and Scope: Terms of appointment and scope of referral partnership

5. Referral Process: Detailed process for making and tracking referrals

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

7. Obligations of Parties: Specific responsibilities and commitments of both parties

8. Representations and Warranties: Standard representations and warranties from both parties

9. Confidentiality: Provisions for protecting confidential information shared between parties

10. Term and Termination: Duration of agreement and conditions for termination

11. Data Protection: Compliance with data protection laws and handling of customer data

12. Non-Solicitation: Restrictions on soliciting employees or customers

13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

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

1. Exclusivity: Used when the referral partnership is exclusive in nature, defining territorial or sector-specific exclusivity

2. Training and Support: Include when the principal company provides training or support services to the referral partner

3. Marketing and Branding: Required when specific guidelines for using brands and marketing materials need to be established

4. Service Level Agreement: Include when specific performance metrics and response times need to be maintained

5. Compliance with Industry Regulations: Required for regulated industries like finance or healthcare

6. Insurance Requirements: Include when specific insurance coverage is required from either party

7. Dispute Resolution: Optional detailed dispute resolution procedure including mediation or arbitration

8. Force Majeure: Include when specific force majeure provisions beyond standard cases need to be addressed

What schedules should be included in a Referral Partnership Agreement?

1. Schedule 1 - Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods

2. Schedule 2 - Referral Process Flow: Step-by-step process flow for referral submission and tracking

3. Schedule 3 - Reporting Templates: Standard templates for referral reporting and commission calculations

4. Schedule 4 - Service Level Metrics: Detailed performance metrics and response time requirements

5. Schedule 5 - Approved Marketing Materials: Templates and guidelines for marketing and promotional materials

6. Appendix A - Contact Details: Key contact information for both parties

7. Appendix B - Compliance Checklist: Checklist of regulatory and compliance requirements

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 | Serial Founder & Legal AI Author

Jurisdiction

India

Cost

Free to use
Relevant legal definitions

































Clauses



































Relevant Industries

Information Technology

Financial Services

Professional Services

Healthcare

Real Estate

Education

Telecommunications

Management Consulting

Insurance

Digital Marketing

E-commerce

Manufacturing

Relevant Teams

Legal

Business Development

Sales

Compliance

Finance

Operations

Commercial

Partner Relations

Strategy

Contract Administration

Relevant Roles

Business Development Manager

Partnership Manager

Chief Executive Officer

Managing Director

Sales Director

Legal Counsel

Compliance Officer

Channel Manager

Alliance Manager

Commercial Director

Operations Manager

Chief Financial Officer

Contract Manager

Business Strategy Manager

Partner Success Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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