This Referral Commission Agreement template is designed for use in New Zealand business contexts where formal referral relationships need to be established. The document is essential when businesses want to create a structured referral program with clear compensation terms. It's particularly valuable for companies seeking to expand their client base through third-party referrals while maintaining legal compliance and protecting their interests. The agreement includes comprehensive provisions covering commission structures, payment terms, referral processes, and party obligations, all aligned with New Zealand legal requirements including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and relevant tax legislation. It's suitable for various business sectors and can be customized to accommodate different commission models and referral arrangements.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement, including the parties' business relationship
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 mechanism for making and tracking referrals
6. Commission Structure: Specifies commission rates, calculation methods, and payment terms
7. Payment Terms: Outlines payment frequency, method, and any conditions precedent to payment
8. Obligations of the Referrer: Lists the referrer's duties, responsibilities, and service standards
9. Obligations of the Company: Details the company's commitments regarding referral processing and commission payments
10. Term and Termination: Specifies agreement duration and termination provisions
11. Confidentiality: Addresses handling of confidential information
12. Intellectual Property: Covers usage of trademarks, logos, and other IP in the referral process
13. General Provisions: Standard boilerplate clauses including governing law, notices, and amendments
1. Non-Compete: Restricts referrer from engaging with competitors - include when exclusivity is required
2. Training and Support: Details any training or support provided to the referrer - include when company provides specific tools or training
3. Performance Targets: Sets minimum referral targets - include when specific performance levels are required
4. Marketing Guidelines: Specifies how referrer may market the company's products/services - include when referrer will conduct marketing activities
5. Dispute Resolution: Details specific dispute resolution procedures - include for high-value or complex arrangements
6. Insurance Requirements: Specifies required insurance coverage - include when referrer needs specific insurance
7. Data Protection: Detailed data handling requirements - include when significant personal data is processed
8. Sub-referrers: Rules for appointing sub-referrers - include when sub-referral arrangements are permitted
1. Schedule 1 - Commission Rates: Detailed breakdown of commission rates for different products/services or tiers
2. Schedule 2 - Referral Requirements: Specific criteria for qualified referrals and documentation requirements
3. Schedule 3 - Reporting Format: Templates and requirements for referral tracking and reporting
4. Schedule 4 - Approved Marketing Materials: List of approved marketing materials and usage guidelines
5. Appendix A - Contact Details: Key contact information for both parties
6. Appendix B - Service Territory: Definition of geographical or market scope for referral activities
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Real Estate
Professional Services
Information Technology
Insurance
Healthcare
Education
Consulting
Telecommunications
Legal Services
Recruitment
Property Management
Business Services
Digital Marketing
Relevant Teams
Legal
Business Development
Sales
Compliance
Finance
Operations
Marketing
Partnerships
Commercial
Account Management
Risk Management
Relevant Roles
Business Development Manager
Sales Director
Legal Counsel
Compliance Officer
Partnership Manager
Channel Manager
Chief Executive Officer
Marketing Director
Operations Manager
Contract Administrator
Commercial Manager
Chief Financial Officer
Account Manager
Business Owner
Relationship Manager
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