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Referral Partner Program Agreement

Referral Partner Program Agreement Template for Australia

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Key Requirements PROMPT example:

Referral Partner Program Agreement

"I need a Referral Partner Program Agreement for my Australian SaaS company that will handle referrals from technology consultants, with specific focus on data protection and tiered commission structures based on deal size."

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Document background
The Referral Partner Program Agreement is designed for businesses operating in Australia who wish to establish formal referral relationships with partners to expand their market reach and customer base. This document is essential when companies want to create a structured referral program that complies with Australian regulations, including the Competition and Consumer Act 2010 and Privacy Act 1988. It typically includes detailed provisions for referral mechanisms, commission structures, compliance requirements, and data protection protocols. The agreement is particularly valuable for businesses in service-based industries, technology companies, and professional services firms looking to grow through partner networks while maintaining legal compliance and protecting their business interests.
Suggested Sections

1. Parties: Identifies and provides full legal details of the parties entering into the agreement

2. Background: Explains the context and purpose of the agreement, including the nature of the referral relationship

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

4. Appointment and Scope: Establishes the referral partner's appointment and defines the scope of their authority

5. Referral Process: Details the mechanics of how referrals should be made and tracked

6. Compensation and Payment Terms: Specifies referral fees, commission structures, and payment processes

7. Obligations of the Company: Outlines the company's responsibilities in managing referrals and supporting the partner

8. Obligations of the Referral Partner: Details the partner's duties, including compliance requirements and service standards

9. Intellectual Property: Addresses the use of trademarks, logos, and other IP in the referral relationship

10. Confidentiality: Protects confidential information shared between parties

11. Privacy and Data Protection: Ensures compliance with privacy laws in handling customer data

12. Term and Termination: Specifies agreement duration and termination provisions

13. Representations and Warranties: Contains standard legal assurances from both parties

14. Liability and Indemnification: Addresses risk allocation between parties

15. General Provisions: Includes standard boilerplate clauses like notices, assignment, and governing law

Optional Sections

1. Non-Solicitation: Prevents poaching of customers or employees - include when there's significant risk of customer/employee poaching

2. Non-Compete: Restricts partner from competing activities - include when protecting market position is crucial

3. Marketing and Promotion: Details allowed marketing activities - include when partner will conduct significant marketing

4. Training and Support: Outlines training provisions - include when complex products/services require partner training

5. Audit Rights: Enables verification of referral activities - include for high-value or regulated arrangements

6. Dispute Resolution: Details specific dispute handling procedures - include for high-value partnerships or when specific industry requirements exist

7. Insurance Requirements: Specifies required insurance coverage - include when activities carry significant risks

8. Compliance with Laws: Details specific regulatory requirements - include for regulated industries

Suggested Schedules

1. Schedule 1 - Referral Fee Structure: Detailed breakdown of commission rates, tiers, and calculation methods

2. Schedule 2 - Referral Products/Services: List of products or services covered by the referral program

3. Schedule 3 - Referral Process Flow: Step-by-step process for making and tracking referrals

4. Schedule 4 - Service Level Requirements: Specific performance metrics and service standards

5. Schedule 5 - Approved Marketing Materials: Templates and guidelines for marketing communications

6. Appendix A - Reporting Templates: Standard forms for referral tracking and reporting

7. Appendix B - Privacy and Data Handling Procedures: Detailed protocols for managing customer information

8. Appendix C - Commission Calculator: Tools or formulas for calculating referral fees

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Approved Marketing Materials
Business Day
Commencement Date
Company
Company Products
Company Services
Compensation Schedule
Confidential Information
Conversion
Customer
Effective Date
Force Majeure Event
GST
Initial Term
Intellectual Property Rights
Laws
Marketing Guidelines
Minimum Performance Requirements
Payment Terms
Personal Information
Privacy Laws
Qualified Lead
Qualified Referral
Referral
Referral Fee
Referral Partner
Referral Partner Portal
Referral Period
Referral Process
Renewal Term
Representatives
Service Level Requirements
Successful Referral
Term
Territory
Trademarks
Valid Claim
Clauses
Appointment
Authority
Compensation
Compliance
Confidentiality
Data Protection
Definitions
Dispute Resolution
Force Majeure
General Provisions
Governing Law
Indemnification
Insurance
Intellectual Property
Liability
Marketing and Promotion
Non-Competition
Non-Solicitation
Notices
Obligations
Payment Terms
Privacy
Record Keeping
Referral Process
Relationship of Parties
Representations and Warranties
Severability
Term and Termination
Territory
Training and Support
Use of Trademarks
Variation
Waiver
Relevant Industries

Financial Services

Technology

Professional Services

Real Estate

Insurance

Healthcare

Education

Telecommunications

Software and SaaS

Consulting

Legal Services

Manufacturing

Retail

Relevant Teams

Legal

Business Development

Sales

Partnerships

Compliance

Operations

Commercial

Revenue

Partner Success

Channel Management

Relevant Roles

Business Development Manager

Partner Program Manager

Channel Manager

Legal Counsel

Compliance Officer

Sales Director

Partnership Director

Chief Revenue Officer

Commercial Manager

Account Manager

Partner Success Manager

Chief Operating Officer

Head of Partnerships

Business Strategy Manager

Partner Operations Manager

Industries
Competition and Consumer Act 2010 (Cth): Governs business conduct, competition, and consumer protection. Relevant for ensuring the referral arrangement doesn't contain anti-competitive provisions or misleading conduct.
Privacy Act 1988 (Cth): Regulates the handling of personal information, including the Australian Privacy Principles. Critical for managing customer data sharing between partners.
Australian Contract Law: Common law principles governing contract formation, terms, and enforcement, essential for structuring the agreement.
Corporations Act 2001 (Cth): Relevant if the referral program involves financial services or products, or if either party is a corporation.
Independent Contractors Act 2006 (Cth): Helps distinguish between independent contractors and employees, ensuring proper characterization of the referral partnership.
A New Tax System (Goods and Services Tax) Act 1999: Governs GST implications of referral fees and commission payments between parties.
Australian Consumer Law (Schedule 2 of the Competition and Consumer Act): Specific provisions relating to consumer protection, misleading conduct, and unfair contract terms.
Anti-Money Laundering and Counter-Terrorism Financing Act 2006: May be relevant if the referral program 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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