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Sales Referral Agreement
"I need a Sales Referral Agreement for my Swiss software company to engage multiple international referral partners, with a tiered commission structure and provisions for sub-referrers, to be effective from March 2025."
1. Parties: Identification of the Principal (company receiving referrals) and the Referrer, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of the referral arrangement
3. Definitions: Key terms used throughout the agreement, including 'Qualified Referral', 'Referral Fee', 'Products/Services', 'Territory'
4. Appointment and Scope: Terms of appointment, nature of the relationship (non-exclusive/exclusive), and territorial scope
5. Referrer's Obligations: Specific duties of the Referrer, including referral process, communication requirements, and professional conduct standards
6. Principal's Obligations: Responsibilities of the Principal, including handling of referrals, service standards, and communication requirements
7. Referral Process: Detailed process for making and accepting referrals, including documentation and tracking requirements
8. Compensation: Structure of referral fees, calculation method, payment terms, and conditions for fee eligibility
9. Intellectual Property: Usage rights for trademarks, logos, and marketing materials
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: Compliance with Swiss data protection laws, data handling procedures, and privacy requirements
12. Term and Termination: Duration of agreement, renewal terms, and termination rights
13. General Provisions: Standard legal clauses including governing law, jurisdiction, entire agreement, and amendments
1. Non-Compete: Restrictions on competing activities, used when protecting market position is crucial
2. Training and Support: Details of training and support provided by Principal, included for complex products/services
3. Marketing and Promotion: Guidelines for marketing activities, included when Referrer will conduct active promotion
4. Insurance: Insurance requirements, included for high-value or regulated services
5. Compliance with Laws: Specific regulatory compliance requirements, included for regulated industries
6. Audit Rights: Right to audit referral records, included for high-volume or complex fee structures
7. Sub-referrers: Terms for engaging sub-referrers, included when allowing delegation of referral activities
8. Force Majeure: Provisions for unforeseen circumstances, included for long-term or critical relationships
1. Schedule 1 - Compensation Structure: Detailed fee calculations, commission tiers, and bonus structures
2. Schedule 2 - Products and Services: List and description of products/services eligible for referral
3. Schedule 3 - Referral Process Flowchart: Visual representation of the referral process and requirements
4. Schedule 4 - Reporting Templates: Standard forms for referral submission and tracking
5. Schedule 5 - Territory Definition: Detailed description of geographical or market segment limitations
6. Appendix A - Approved Marketing Materials: Pre-approved marketing content and usage guidelines
7. Appendix B - Data Protection Protocol: Detailed procedures for handling personal data in compliance with Swiss law
Authors
Acceptance Period
Affiliate
Applicable Laws
Business Day
Commencement Date
Confidential Information
Customer
Data Protection Laws
Effective Date
Force Majeure Event
Intellectual Property Rights
Lead
Net Revenue
Personal Data
Principal
Principal's Business
Products
Qualified Lead
Qualified Referral
Referral
Referral Documentation
Referral Fee
Referral Period
Referrer
Services
Sub-referrer
Successful Referral
Term
Territory
Trademarks
Valid Claim
Definitions
Appointment
Exclusivity
Territory
Term and Duration
Referral Process
Compensation
Payment Terms
Reporting
Obligations and Duties
Performance Standards
Representations and Warranties
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Compliance with Laws
Record Keeping
Audit Rights
Marketing and Promotion
Training and Support
Liability and Indemnification
Insurance
Force Majeure
Assignment
Termination
Consequences of Termination
Notices
Amendments
Severability
Entire Agreement
Governing Law
Dispute Resolution
Language
Counterparts
Financial Services
Information Technology
Professional Services
Real Estate
Insurance
Healthcare
Manufacturing
Telecommunications
Consulting
Software and SaaS
Education and Training
Business Services
Legal
Business Development
Sales
Compliance
Commercial Operations
Partner Relations
Revenue Operations
Contract Administration
Marketing
Finance
Business Development Manager
Sales Director
Channel Partner Manager
Legal Counsel
Commercial Director
Partnership Manager
Chief Revenue Officer
Sales Operations Manager
Compliance Officer
Contract Manager
Chief Commercial Officer
Account Executive
Business Development Representative
Partner Success Manager
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