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Commercial Referral Fee Agreement
"I need a Commercial Referral Fee Agreement for my technology consulting firm in Malaysia, where we'll pay 10% commission to business partners who refer clients to our cloud migration services, with quarterly payments and a minimum referral threshold of 5 successful deals."
1. Parties: Identifies and provides details of the referring party and the recipient of referrals
2. Background: Sets out the context of the agreement and the parties' intentions regarding the referral arrangement
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope: Establishes the referral relationship and defines its scope
5. Referral Process: Details the procedure for making and accepting referrals
6. Fees and Payment Terms: Specifies the referral fee structure, calculation method, and payment terms
7. Obligations of the Parties: Lists the key responsibilities of both the referring party and recipient
8. Representations and Warranties: Contains standard commercial warranties from both parties
9. Confidentiality: Protects confidential information shared during the referral process
10. Term and Termination: Specifies the duration of the agreement and termination rights
11. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Compliance with Laws: Detailed section on regulatory compliance - needed when operating in regulated industries
2. Intellectual Property: Required when the arrangement involves use of trademarks or other IP
3. Data Protection: Detailed privacy provisions needed when personal data is involved in referrals
4. Non-Competition: Restrictions on competitive activities - include when exclusivity is required
5. Marketing and Promotion: Guidelines for marketing the referral relationship - needed for public-facing arrangements
6. Training and Support: Include when one party needs to provide training on products/services
7. Audit Rights: Rights to audit referral records - important for high-value arrangements
8. Insurance: Insurance requirements - include for high-risk activities or regulated sectors
1. Schedule 1 - Referral Fee Structure: Detailed breakdown of fee calculations and payment terms
2. Schedule 2 - Referral Process: Step-by-step process flow for making and tracking referrals
3. Schedule 3 - Approved Marketing Materials: Templates and guidelines for marketing communications
4. Schedule 4 - Service Level Agreement: Performance metrics and service standards
5. Schedule 5 - Compliance Requirements: Specific regulatory requirements and compliance procedures
6. Appendix A - Reporting Templates: Standard forms for referral tracking and reporting
7. Appendix B - Contact Details: Key contact information for both parties
Authors
Business Day
Commencement Date
Confidential Information
Effective Date
Eligible Referral
Force Majeure Event
Intellectual Property Rights
Laws
Personal Data
Qualified Lead
Referral
Referral Fee
Referral Period
Referral Process
Referring Party
Recipient
Services
Successful Referral
Term
Territory
Transaction
Scope
Referral Process
Fee Structure
Payment Terms
Obligations
Representations and Warranties
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Term
Termination
Force Majeure
Indemnification
Limitation of Liability
Insurance
Compliance with Laws
Anti-Bribery
Assignment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Counterparts
Financial Services
Real Estate
Professional Services
Technology
Healthcare
Insurance
Education
Telecommunications
Management Consulting
Business Services
Retail
Manufacturing
Legal
Business Development
Sales
Compliance
Finance
Operations
Commercial
Partnerships
Marketing
Account Management
Risk Management
Business Development Manager
Sales Director
Legal Counsel
Commercial Director
Partnership Manager
Chief Executive Officer
Managing Director
Operations Manager
Compliance Officer
Finance Manager
Contract Manager
Channel Manager
Marketing Director
Account Manager
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