Referral Partner Agreement Template for Germany

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Key Requirements PROMPT example:

Referral Partner Agreement

"I need a Referral Partner Agreement for my software company to establish a network of IT consultants who will refer customers to our cloud services platform in Germany, with a tiered commission structure and strict GDPR compliance requirements."

Document background
The Referral Partner Agreement is essential for businesses operating in Germany who wish to expand their market reach through formal referral partnerships. This document is particularly crucial in the German market due to specific requirements under German commercial law (Handelsgesetzbuch) and civil law (Bürgerliches Gesetzbuch). The agreement establishes the framework for a business relationship where one party (the referral partner) introduces potential customers to another party (the principal company) in exchange for commission. It includes critical provisions for GDPR compliance, commission structures, and territorial rights, while addressing specific German legal requirements regarding commercial agency relationships and data protection. This type of agreement is commonly used when companies want to establish a formal referral network without creating a full agency or distribution relationship.
Suggested Sections

1. Parties: Identification and details of the contracting parties (principal company and referral partner)

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

3. Definitions: Key terms used throughout the agreement, including 'Referred Customer', 'Qualified Lead', 'Territory', and 'Services'

4. Appointment and Scope: Terms of appointment, exclusivity/non-exclusivity, and territorial scope

5. Referral Partner Obligations: Core duties of the referral partner, including lead generation and communication requirements

6. Principal Company Obligations: Responsibilities of the principal company, including support and training provisions

7. Commission Structure: Details of commission rates, calculation methods, and payment terms

8. Intellectual Property Rights: Protection and usage rights of trademarks, logos, and marketing materials

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Data Protection: GDPR compliance and data handling requirements

11. Term and Termination: Duration of agreement and termination provisions

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

13. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Non-Compete Obligations: Restrictions on working with competitors (include when exclusivity is required)

2. Marketing and Promotion: Specific requirements for marketing activities (include for consumer-facing referrals)

3. Training Requirements: Mandatory training programs (include for technical or complex products)

4. Service Level Agreement: Performance metrics and standards (include for high-volume referral relationships)

5. Compliance with Industry Regulations: Specific regulatory requirements (include for regulated industries like finance or healthcare)

6. Sub-Referral Partners: Rights and restrictions regarding sub-referral partners (include when allowing indirect referrals)

7. Insurance Requirements: Mandatory insurance coverage (include for high-risk industries)

8. Audit Rights: Right to audit referral partner's activities (include for large-scale partnerships)

Suggested Schedules

1. Schedule 1 - Commission Rates: Detailed commission structure, including rates for different products/services

2. Schedule 2 - Referral Process: Step-by-step process for submitting and tracking referrals

3. Schedule 3 - Approved Marketing Materials: List of approved marketing materials and usage guidelines

4. Schedule 4 - Territory Definition: Detailed description of geographical or market territory

5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms

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

7. Appendix B - Product/Service Description: Detailed description of products/services eligible for referral

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

Relevant legal definitions
Relevant Industries

Technology and Software

Financial Services

Professional Services

Real Estate

Insurance

Healthcare

Manufacturing

Telecommunications

Consulting

E-commerce

Education and Training

Relevant Teams

Legal

Business Development

Sales

Compliance

Partner Relations

Commercial Operations

Revenue Operations

Partner Success

Channel Management

Contract Administration

Relevant Roles

Business Development Manager

Partner Relations Manager

Sales Director

Legal Counsel

Compliance Officer

Channel Manager

Partnership Director

Chief Revenue Officer

Commercial Director

Partner Success Manager

Business Development Representative

Account Executive

Chief Commercial Officer

Sales Operations Manager

Industries
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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