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Marketing Referral Agreement
"I need a Marketing Referral Agreement under German law for my software company that offers a 15% commission structure for qualified leads, with specific GDPR compliance requirements and the ability to expand our referral network across Bavaria and Berlin."
1. Parties: Identification of the referring party and the company receiving referrals
2. Background: Context of the agreement and business relationship between parties
3. Definitions: Key terms including 'Qualified Referral', 'Referral Fee', 'Territory', and other relevant definitions
4. Appointment and Scope: Terms of appointment, territory coverage, and exclusivity/non-exclusivity provisions
5. Referral Process: Detailed process for making and accepting referrals, including documentation requirements
6. Obligations of the Referring Party: Duties, responsibilities, and conduct requirements for the referring party
7. Obligations of the Company: Company's commitments regarding referral handling and communication
8. Compensation: Referral fee structure, payment terms, and calculation methodology
9. Compliance with Laws: Requirements for compliance with German marketing, competition, and data protection laws
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: GDPR compliance and data handling requirements
12. Term and Termination: Duration of agreement and termination provisions
13. Post-Termination: Obligations and rights after agreement termination
14. Governing Law and Jurisdiction: Specification of German law application and jurisdiction
1. Non-Solicitation: Restrictions on soliciting employees or customers, include if there's risk of customer/employee poaching
2. Training and Support: Include if the company provides training or support materials to the referring party
3. Marketing Materials: Include if the company provides marketing materials or brand guidelines
4. Minimum Performance Requirements: Include if setting minimum referral targets or performance standards
5. Insurance: Include if requiring professional liability or other insurance coverage
6. Audit Rights: Include for arrangements with complex compensation structures requiring verification
7. Sub-Referrers: Include if allowing or prohibiting the use of sub-referrers
8. Force Majeure: Include for long-term referral relationships
1. Schedule 1: Compensation Structure: Detailed breakdown of referral fees, commission tiers, and payment calculations
2. Schedule 2: Referral Process Flow: Step-by-step process flow for referral submission and acceptance
3. Schedule 3: Required Referral Information: Template and requirements for referral submissions
4. Schedule 4: Data Processing Agreement: GDPR-compliant data processing terms and procedures
5. Schedule 5: Approved Marketing Materials: List of approved marketing materials and usage guidelines
6. Appendix A: Reporting Templates: Templates for monthly/quarterly referral and payment reports
7. Appendix B: Territory Definition: Detailed description of geographical or sector-based territory limitations
Authors
Applicable Laws
Business Day
Confidential Information
Data Protection Laws
Effective Date
Force Majeure Event
Initial Term
Intellectual Property Rights
Marketing Materials
Personal Data
Qualified Lead
Qualified Referral
Referral
Referral Documentation
Referral Fee
Referral Period
Referring Party
Services
Successful Referral
Territory
Trade Secrets
Trademarks
Valid Claim
Company
Client
Commission
Conversion
Customer Data
Marketing Guidelines
Performance Metrics
Prospect
Referral Process
Renewal Term
Reports
Sales Cycle
Target Market
Termination Date
Unsuitable Referral
Working Hours
Scope
Territory
Exclusivity
Referral Process
Commission
Payment Terms
Obligations
Representations and Warranties
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Compliance with Laws
Marketing Guidelines
Record Keeping
Audit Rights
Term
Termination
Force Majeure
Assignment
Notices
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Governing Law
Jurisdiction
Dispute Resolution
Indemnification
Limitation of Liability
Insurance
Performance Standards
Reporting Requirements
Professional Services
Information Technology
Financial Services
Management Consulting
Real Estate
Software and SaaS
Healthcare
Education and Training
Manufacturing
Telecommunications
Business Services
Legal Services
Insurance
Digital Marketing
E-commerce
Legal
Marketing
Sales
Business Development
Partnerships
Compliance
Commercial
Account Management
Partner Success
Strategic Alliances
Business Development Manager
Marketing Director
Sales Manager
Partnership Manager
Channel Manager
Chief Marketing Officer
Legal Counsel
Compliance Officer
Commercial Director
Head of Business Development
Referral Program Manager
Account Manager
Partner Success Manager
Strategic Alliance Manager
Sales Director
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