The Referral Partner Agreement is essential for businesses looking to expand their customer base through formal referral relationships. This contract type is commonly used across various industries in the United States, providing a structured framework for managing referral partnerships. It defines the scope of the relationship, establishes clear compensation mechanisms, and ensures compliance with applicable laws and regulations. The agreement protects both parties' interests by clearly outlining responsibilities, referral processes, and payment terms while addressing crucial aspects such as confidentiality, non-competition, and dispute resolution.
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1. Parties: Identifies all parties to the agreement, including full legal names and addresses
2. Background/Recitals: Explains the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope: Defines the nature of the referral relationship and territory/scope
5. Referral Process: Details how referrals should be made and tracked
6. Compensation: Specifies referral fees, payment terms, and calculation methods
7. Term and Termination: Duration of agreement and termination conditions
8. Confidentiality: Provisions for handling confidential information
9. General Provisions: Standard boilerplate clauses including governing law, notices, etc.
1. Non-Compete: Restrictions on competitive activities - include when protecting market position is crucial
2. Data Protection: Specific provisions for handling personal data - include when personal data is being shared
3. Marketing Guidelines: Rules for marketing and promoting the referral relationship - include when partner will actively market services
4. Service Levels: Performance metrics and standards - include when specific performance targets are required
1. Schedule A - Commission Structure: Detailed breakdown of commission rates and tiers
2. Schedule B - Referral Process: Step-by-step process flow for making and tracking referrals
3. Schedule C - Approved Marketing Materials: Templates and guidelines for marketing communications
4. Schedule D - Territory Definition: Detailed description of geographical or market coverage
5. Schedule E - Reporting Templates: Standard forms for tracking and reporting referrals
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