Referral Partner Program Agreement Template for England and Wales

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Key Requirements PROMPT example:

Referral Partner Program Agreement

"I need a Referral Partner Program Agreement for my fintech company to establish a network of independent financial advisors who will refer clients to our investment platform, with a tiered commission structure and strict FCA compliance requirements starting from March 2025."

Document background
The Referral Partner Program Agreement serves as the foundational document for businesses seeking to establish formal referral relationships under English and Welsh law. This agreement is essential when companies want to expand their customer base through partner networks while maintaining legal compliance and clear operational procedures. The document typically includes detailed provisions about commission structures, referral processes, compliance requirements, and data protection measures. It's particularly relevant in regulated industries where referral arrangements must adhere to specific legal requirements. The agreement ensures both parties understand their obligations and protects their interests while facilitating business growth through structured referral partnerships.
Suggested Sections

1. Parties: Identification and details of contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Terms of referral partnership and authorized activities

5. Referral Process: Mechanics of how referrals are made and tracked

6. Commission Structure: Payment terms, rates, and calculation methods

7. Obligations of Parties: Duties and responsibilities of each party

8. Term and Termination: Duration and conditions for ending the agreement

9. Confidentiality: Protection of sensitive information

Optional Sections

1. Marketing and Branding: Rules for using logos and marketing materials when partner will be promoting the principal's services

2. Training Requirements: Partner training obligations when specific knowledge is required to make referrals

3. Compliance Requirements: Specific regulatory obligations when referrals involve regulated activities

4. Territory Restrictions: Geographical limitations when referrals are limited to specific regions

Suggested Schedules

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

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

3. Approved Marketing Materials: Pre-approved promotional content and guidelines

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

5. Service Level Agreement: Performance metrics and standards

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

Clauses
Industries

Common Law of Contract: Fundamental principles governing contract formation, execution, and enforcement in England and Wales

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract

UK General Data Protection Regulation (UK GDPR): Primary data protection legislation governing how personal data must be handled and processed in the UK

Data Protection Act 2018: UK's implementation of data protection standards, working alongside UK GDPR

Privacy and Electronic Communications Regulations (PECR): Specific rules for electronic communications, marketing, and cookies

Competition Act 1998: Legislation preventing anti-competitive practices and agreements

Enterprise Act 2002: Framework for competition law and consumer protection

Consumer Rights Act 2015: Main consumer rights legislation, relevant if B2C referrals are involved

Financial Services and Markets Act 2000: Primary legislation governing financial services regulation in the UK

Payment Services Regulations 2017: Regulations governing payment services and payment service providers

Electronic Commerce (EC Directive) Regulations 2002: Rules governing electronic commerce and online business activities

Consumer Contracts Regulations 2013: Regulations covering information requirements and cancellation rights for consumer contracts

Bribery Act 2010: Anti-corruption legislation affecting business relationships and referral arrangements

Commercial Agents Regulations 1993: Regulations governing relationships between principals and commercial agents

Value Added Tax Act 1994: Legislation governing VAT obligations in business transactions

Consumer Protection from Unfair Trading Regulations 2008: Protections against unfair commercial practices targeting consumers

Business Protection from Misleading Marketing Regulations 2008: Regulations preventing misleading business-to-business marketing practices

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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