Exclusive Referral Agreement Template for Australia

This Exclusive Referral Agreement template is designed for use in the Australian business context where parties wish to establish a formal, exclusive referral relationship. The document is particularly valuable when businesses seek to create strategic partnerships with clear protocols for client referrals and revenue sharing. It encompasses essential elements required under Australian law, including compliance with competition laws, consumer protection regulations, and privacy requirements. The agreement is structured to define the scope of exclusivity, establish clear referral mechanisms, outline fee arrangements, and specify performance expectations. It's commonly used in professional services, financial services, and other sectors where referral relationships form a crucial part of business development strategy. The document includes provisions for both straightforward referral arrangements and more complex scenarios involving multiple service lines or territories.

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 business relationship between the parties

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

4. Appointment and Scope: Establishes the exclusive nature of the appointment and defines its territorial and service scope

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

6. Obligations of Referrer: Specifies the referrer's duties, including quality standards and communication requirements

7. Obligations of Recipient: Outlines the recipient's responsibilities in handling referrals and maintaining service standards

8. Fees and Payment Terms: Details the referral fee structure, calculation method, and payment terms

9. Exclusivity Provisions: Specifies the exact nature and scope of the exclusive arrangement

10. Term and Termination: Sets out the agreement duration, renewal provisions, and termination circumstances

11. Confidentiality: Governs the handling and protection of confidential information

12. Intellectual Property: Addresses the ownership and usage rights of relevant intellectual property

13. Representations and Warranties: Contains standard warranties about capacity to contract and service quality

14. Liability and Indemnification: Allocates risks and responsibilities between parties

15. General Provisions: Contains standard boilerplate clauses including notices, assignment, and governing law