Business Referral Fee Agreement Template for Australia

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Key Requirements PROMPT example:

Business Referral Fee Agreement

"I need a Business Referral Fee Agreement for my financial advisory firm based in Sydney, where we'll pay professional accountants a 10% commission for referring clients to our wealth management services, with quarterly payments and a minimum referral threshold of 5 clients per year."

Document background
The Business Referral Fee Agreement is a crucial document for organizations looking to expand their business through formal referral partnerships in Australia. This agreement is commonly used when a business wishes to incentivize third parties to refer potential clients or business opportunities, establishing a clear legal framework for such arrangements. The document outlines the specific terms of the referral relationship, including qualification criteria for referrals, fee calculations, payment terms, and mutual obligations. It ensures compliance with Australian federal and state regulations, including consumer protection laws and financial services regulations where applicable. The agreement is particularly important for businesses operating in regulated industries or where significant commercial relationships need to be formalized, providing legal protection for all parties involved while clarifying the expectations and responsibilities within the referral arrangement.
Suggested Sections

1. Parties: Identifies and provides full details of all parties to the agreement

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

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Appointment and Scope: Establishes the referrer's role and the nature of the referral relationship

5. Referral Process: Details the specific process for making and accepting referrals

6. Referral Fee Structure: Specifies the fees payable for successful referrals and calculation methods

7. Payment Terms: Outlines when and how payments will be made, including invoicing requirements

8. Obligations of the Referrer: Lists the duties and responsibilities of the party making the referrals

9. Obligations of the Company: Lists the duties and responsibilities of the party receiving the referrals

10. Confidentiality: Protects confidential information shared during the referral process

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

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

Optional Sections

1. Non-Compete: Restrictions on competitive activities, used when protecting market position is crucial

2. Intellectual Property: Protects IP rights when branded materials or proprietary information is shared

3. Marketing and Promotion: Guidelines for how the referrer may market or promote the company's services

4. Training and Support: Details any training or support provided to the referrer, used in complex service arrangements

5. Dispute Resolution: Specific procedures for resolving disputes, recommended for high-value arrangements

6. Insurance Requirements: Specifies required insurance coverage, important for regulated industries or high-risk activities

7. Data Protection: Detailed privacy and data handling requirements, essential when personal data is involved

8. Service Level Agreements: Performance metrics and standards, used in more formal or large-scale referral arrangements

Suggested Schedules

1. Fee Schedule: Detailed breakdown of referral fees, commission rates, and payment calculations

2. Referral Procedures: Step-by-step process for making and tracking referrals

3. Approved Marketing Materials: List of approved marketing materials and usage guidelines

4. Reporting Templates: Standard forms for tracking and reporting referrals

5. Territory Definition: Geographic or market segment definitions if referral rights are territory-based

6. Service Description: Detailed description of services or products covered by the referral arrangement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Professional Services

Real Estate

Insurance

Information Technology

Business Consulting

Healthcare

Education

Legal Services

Recruitment

Property Management

Marketing and Advertising

Relevant Teams

Legal

Business Development

Sales

Partnerships

Operations

Finance

Compliance

Marketing

Commercial

Executive Leadership

Relevant Roles

Business Development Manager

Sales Director

Partnership Manager

Legal Counsel

Commercial Manager

Chief Executive Officer

Managing Director

Operations Manager

Account Manager

Channel Manager

Referral Program Coordinator

Chief Financial Officer

Compliance Officer

Business Owner

Marketing Director

Industries
Competition and Consumer Act 2010 (Cth): This federal law governs business conduct, competition, and consumer protection in Australia. It's relevant for ensuring the referral arrangement doesn't contain unfair contract terms or misleading/deceptive conduct.
Australian Consumer Law: As part of the Competition and Consumer Act, it specifically deals with consumer protection and fair trading. Important for disclosure requirements and ensuring the referral arrangement is transparent.
Corporations Act 2001 (Cth): Relevant for business structures and corporate governance requirements, particularly if any party is a corporation or if the referral arrangement involves financial services.
Income Tax Assessment Act 1997: Crucial for understanding the tax implications of referral fees, including their treatment as assessable income and GST considerations.
Privacy Act 1988 (Cth): Important when handling personal information in the referral process, ensuring compliance with Australian Privacy Principles.
Australian Securities and Investments Commission Act 2001: Relevant if the referral arrangement involves financial services or products, ensuring compliance with financial services regulations.
Contract Law (Common Law): While not legislation per se, Australian contract law principles are essential for ensuring the agreement is legally binding and enforceable.
Anti-Money Laundering and Counter-Terrorism Financing Act 2006: May be relevant if the referral arrangement involves financial services or significant payment arrangements.
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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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