Referral Agent Agreement Template for Germany

The Referral Agent Agreement is essential for businesses operating in Germany who wish to formalize their referral partnerships and expand their market reach through third-party agents. This document is designed to comply with German legal requirements, including the German Civil Code (BGB) and Commercial Code (HGB), while providing a clear framework for modern business referral relationships. It becomes necessary when companies want to establish a network of referral partners who can introduce new customers or business opportunities in exchange for compensation. The agreement covers crucial aspects such as commission structures, referral processes, data protection under GDPR, and both parties' obligations. It's particularly relevant in today's digital economy where business networks and partner ecosystems play an increasingly important role in growth strategies.

1. Parties: Identification of the principal company and the referral agent, including full legal names, registration details, and addresses

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Definitions of key terms used throughout the agreement, including 'Referred Customer', 'Successful Referral', 'Products/Services', and 'Territory'

4. Appointment and Scope: Terms of appointment, territory coverage, and whether the appointment is exclusive or non-exclusive

5. Referral Agent's Obligations: Core duties including lead generation, information sharing, and compliance requirements

6. Principal's Obligations: Company's commitments regarding support, training, and information provision

7. Referral Process: Detailed procedure for making and tracking referrals, including acceptance criteria

8. Compensation: Fee structure, calculation method, payment terms, and conditions for earning referral fees

9. Intellectual Property: Usage rights and restrictions regarding trademarks, logos, and marketing materials

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: GDPR compliance requirements and data handling procedures

12. Term and Termination: Duration of agreement, renewal terms, and termination conditions

13. Post-Termination: Obligations and restrictions after agreement ends

14. General Provisions: Standard clauses including notices, amendments, assignment, and governing law