Marketing Referral Agreement Template for England and Wales

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Key Requirements PROMPT example:

Marketing Referral Agreement

"I need a Marketing Referral Agreement for my fintech company to establish a referral program with three partner banks in the UK, with a tiered commission structure starting from March 2025 and including strict data protection provisions for handling customer financial information."

Document background

A Marketing Referral Agreement is essential for businesses looking to formalize their referral partnerships under English and Welsh law. This document is particularly relevant in today's interconnected business environment where companies increasingly rely on partner networks for growth. The agreement provides legal protection for both parties while ensuring compliance with UK data protection, marketing, and consumer protection regulations. It typically includes detailed provisions on commission structures, referral processes, performance metrics, and data handling requirements, making it suitable for both B2B and B2C contexts.

Suggested Sections

1. Parties: Details of the referrer and recipient companies, including registered addresses and company numbers

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

3. Definitions: Key terms used throughout the agreement, including 'Referral', 'Commission', 'Territory', etc.

4. Appointment and Scope: Terms of appointment and scope of referral services

5. Referral Process: Detailed process for making and tracking referrals

6. Commission Structure: Payment terms, calculation methods, and timing of commission payments

7. Obligations of the Parties: Responsibilities and commitments of both parties

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

9. Data Protection: Compliance with GDPR and data protection laws

Optional Sections

1. Non-Compete: Restrictions on competing activities - used when protecting market position is crucial

2. White Labelling: Terms for rebranding services - used when services are being resold under different branding

3. Service Levels: Performance metrics and standards - used when specific performance criteria need to be met

4. International Provisions: Cross-border considerations - used when referrals involve multiple jurisdictions

Suggested Schedules

1. Commission Schedule: Detailed breakdown of commission rates and tiers

2. Referral Process Flow: Step-by-step guide to the referral process

3. Marketing Guidelines: Approved marketing methods and materials

4. Data Processing Agreement: Detailed terms for handling personal data

5. Service Description: Detailed description of services being referred

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Relevant Teams

Relevant Roles

Industries

UK GDPR and Data Protection: UK General Data Protection Regulation and Data Protection Act 2018 governing the processing, storage, and transfer of personal data in marketing referrals

PECR: Privacy and Electronic Communications Regulations governing electronic marketing communications and cookies

Consumer Protection Regulations: Consumer Protection from Unfair Trading Regulations 2008 and Consumer Rights Act 2015 protecting consumers from unfair practices in marketing and referrals

Marketing Codes: CAP Code and UK Code of Non-broadcast Advertising and Direct & Promotional Marketing, setting standards for marketing practices and promotional activities

Financial Services Regulation: Financial Services and Markets Act 2000 and FCA regulations governing referrals in financial services sector

Competition Law: Competition Act 1998 and Enterprise Act 2002 ensuring fair competition and preventing anti-competitive practices in referral arrangements

E-commerce Laws: Electronic Commerce Regulations 2002 and Electronic Communications Act 2000 governing online business and electronic communications

Contract Law Fundamentals: Common law principles, Misrepresentation Act 1967, and Unfair Contract Terms Act 1977 governing contract formation and enforcement

Industry-Specific Regulations: Sector-specific regulations that may apply depending on the industry (healthcare, financial services, real estate, etc.)

Data Protection Provisions: Contractual provisions for handling personal data, ensuring compliance with data protection laws and regulations

Marketing Restrictions: Specific clauses defining permitted marketing activities, compliance requirements, and restrictions on promotional methods

Confidentiality Clauses: Provisions protecting confidential information shared between parties during the referral relationship

Termination Provisions: Clauses specifying conditions and procedures for terminating the referral agreement

Liability and Indemnification: Terms defining the extent of liability and indemnification obligations between parties

Dispute Resolution: Mechanisms and procedures for resolving disputes between parties under English and Welsh law

Anti-bribery Provisions: Clauses ensuring compliance with anti-bribery and corruption laws in referral arrangements

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Authors

Alex Denne

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