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Lead Referral Agreement Template for Malaysia

A comprehensive agreement governed by Malaysian law that establishes the terms and conditions for a formal lead referral relationship between two parties. The document outlines the process for referring potential customers or business opportunities, defines qualification criteria for leads, specifies referral fee structures, and addresses crucial aspects such as data protection, confidentiality, and payment terms. It ensures compliance with Malaysian legal requirements, including the Contracts Act 1950 and Personal Data Protection Act 2010, while providing a clear framework for managing the referral relationship and protecting both parties' interests.

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What is a Lead Referral Agreement?

The Lead Referral Agreement is essential for businesses operating in Malaysia seeking to formalize arrangements where one party refers potential customers or business opportunities to another. This document is particularly relevant in today's interconnected business environment where lead generation and referral partnerships are crucial for growth. The agreement ensures compliance with Malaysian legislation, including the Contracts Act 1950, Personal Data Protection Act 2010, and relevant industry regulations. It typically includes detailed provisions for lead qualification criteria, referral processes, fee structures, data protection measures, and confidentiality requirements. This type of agreement is commonly used by businesses looking to expand their customer base through strategic partnerships, while maintaining legal compliance and protecting all parties' interests.

What sections should be included in a Lead Referral Agreement?

1. Parties: Identifies and defines the referrer and recipient entities entering into the agreement

2. Background: Sets out the context and purpose of the agreement, including the business relationship between the parties

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

4. Appointment and Scope: Establishes the referral relationship and its non-exclusive nature

5. Lead Referral Process: Details the procedure for identifying and referring leads, including quality criteria

6. Referral Fees and Payment: Specifies the fee structure, payment terms, and conditions for earning referral fees

7. Obligations of the Referrer: Lists the referrer's duties, including lead qualification and information provision

8. Obligations of the Recipient: Details the recipient's responsibilities in handling leads and maintaining communication

9. Data Protection and Privacy: Addresses compliance with data protection laws and handling of personal information

10. Confidentiality: Covers the protection of confidential information exchanged during the referral process

11. Term and Termination: Specifies the agreement duration and circumstances for termination

12. General Provisions: Standard legal clauses including governing law, notices, and entire agreement

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

1. Non-Solicitation: Prevents parties from directly soliciting each other's employees or clients - include when protecting against poaching is important

2. Intellectual Property: Addresses ownership and usage of trademarks, logos, and marketing materials - include when branded materials will be shared

3. Marketing and Promotion: Sets guidelines for marketing activities and brand representation - include when referrer will actively promote recipient

4. Audit Rights: Grants right to audit lead tracking and payment calculations - include for high-volume or high-value referral arrangements

5. Service Levels: Establishes performance metrics and response times - include when specific service standards are required

6. Competition Restrictions: Addresses exclusivity or restrictions on working with competitors - include when protecting market position

7. Insurance Requirements: Specifies required insurance coverage - include for high-risk industries or regulatory compliance

What schedules should be included in a Lead Referral Agreement?

1. Schedule 1 - Referral Fee Structure: Detailed breakdown of fee calculations, tiers, and special circumstances

2. Schedule 2 - Lead Qualification Criteria: Specific criteria and requirements for qualified leads

3. Schedule 3 - Referral Process Workflow: Step-by-step process flow for lead referrals and handling

4. Schedule 4 - Approved Marketing Materials: List of approved marketing materials and usage guidelines

5. Schedule 5 - Data Processing Requirements: Detailed data protection and processing procedures

6. Schedule 6 - Service Level Agreement: Detailed service levels and performance metrics if applicable

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

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

Malaysia

Document Type

Fee Agreement

Cost

Free to use

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