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1. Parties: Identification and details of the Principal and Agent parties to the agreement
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Key terms used in the agreement and rules for interpretation
4. Appointment and Scope: Terms of the agent's appointment and scope of referral services
5. Duration and Termination: Term of the agreement and circumstances for termination
6. Referral Process: Detailed process for making and managing referrals
7. Compensation and Payment Terms: Structure of referral fees, payment timing, and calculation methods
8. Obligations of the Principal: Principal's responsibilities in handling referrals and supporting the agent
9. Obligations of the Agent: Agent's duties, performance standards, and compliance requirements
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: POPIA compliance and data handling requirements
12. Intellectual Property: Protection and usage of trademarks, logos, and other IP
13. Warranties and Representations: Parties' assurances regarding capacity and compliance
14. Limitation of Liability: Extent and limitations of parties' liability
15. Dispute Resolution: Process for handling disputes between parties
16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Non-Compete: Restrictions on competitive activities, used when protecting market position is crucial
2. Service Levels: Specific performance metrics and standards, included when quantifiable targets are required
3. Regulatory Compliance: Specific regulatory obligations, included when referrals involve regulated industries
4. Marketing and Branding: Rules for using marketing materials and branding, needed when agent will promote principal's services
5. Training and Support: Details of training provided by principal, included when complex products/services are involved
6. Insurance: Insurance requirements, included when risk profile requires specific coverage
7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term agreements
1. Schedule 1: Compensation Structure: Detailed breakdown of referral fees, commission rates, and calculation methods
2. Schedule 2: Referral Criteria: Specific criteria for qualified referrals and exclusions
3. Schedule 3: Reporting Templates: Standard forms for referral reporting and tracking
4. Schedule 4: Service Territory: Geographic or market scope of the referral arrangement
5. Schedule 5: Approved Marketing Materials: Pre-approved marketing content and usage guidelines
6. Appendix A: Data Processing Terms: Detailed POPIA compliance requirements and procedures
7. Appendix B: Contact Details: Key contacts and notification details for both parties
Financial Services
Insurance
Real Estate
Professional Services
Technology
Healthcare
Education
Telecommunications
Consulting
Retail
Manufacturing
Legal
Compliance
Business Development
Sales
Marketing
Operations
Risk Management
Finance
Partner Relations
Commercial
Business Development Manager
Sales Director
Legal Counsel
Compliance Officer
Channel Partner Manager
Chief Executive Officer
Marketing Director
Commercial Director
Partnership Manager
Operations Manager
Risk Manager
Financial Director
Agent Relations Manager
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