Marketing Referral Agreement Template for Malaysia

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Key Requirements PROMPT example:

Marketing Referral Agreement

"I need a Marketing Referral Agreement for my Malaysian technology company to partner with overseas referral agents who will introduce our cloud software services to Southeast Asian clients, with a planned start date of March 1, 2025, including multi-tier commission structures and data protection clauses."

Document background
The Marketing Referral Agreement is essential for businesses operating in Malaysia seeking to formalize their referral partnerships and expand their customer base through structured marketing relationships. This document is particularly relevant in today's interconnected business environment where companies increasingly rely on partner networks for growth. The agreement complies with Malaysian legal requirements, including the Contracts Act 1950 and Personal Data Protection Act 2010, while addressing key aspects such as commission structures, referral processes, confidentiality, and data protection. It's designed to protect both parties' interests while providing clear operational guidelines and performance metrics for successful referral partnerships.
Suggested Sections

1. Parties: Identification of the referring party and the company receiving referrals, including full legal names and registration details

2. Background: Context of the agreement, brief description of each party's business, and purpose of the referral arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including 'Referral', 'Qualified Lead', 'Commission', etc.

4. Appointment and Scope: Terms of appointment, territory/scope of referral rights, and any exclusivity provisions

5. Referral Process: Detailed process for making and accepting referrals, including communication methods and timeframes

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

7. Obligations of Parties: Specific duties and responsibilities of each party in the referral relationship

8. Representations and Warranties: Standard warranties about capacity to contract and compliance with laws

9. Confidentiality: Protection of confidential information exchanged during the referral process

10. Data Protection: Compliance with PDPA 2010 and handling of personal data

11. Term and Termination: Duration of agreement and circumstances for termination

12. General Provisions: Standard clauses including governing law, notices, and entire agreement

Optional Sections

1. Non-Compete: Restrictions on competing activities - include when parties want to prevent referral partner from engaging with competitors

2. Marketing Guidelines: Specific rules for marketing and promoting services - include when brand control is important

3. Training Requirements: Requirements for training referral partners - include for complex products/services

4. Performance Targets: Minimum referral targets - include when specific performance levels are required

5. Audit Rights: Right to audit referral records - include for high-value arrangements

6. Insurance Requirements: Required insurance coverage - include for high-risk industries

7. Multi-tier Commissions: Structure for multi-level referrals - include for complex referral networks

Suggested Schedules

1. Schedule 1: Commission Rates: Detailed breakdown of commission structures, including any tiered rates

2. Schedule 2: Referral Procedures: Step-by-step process for making and processing referrals

3. Schedule 3: Reporting Templates: Standard forms for tracking and reporting referrals

4. Schedule 4: Service Description: Detailed description of products/services covered by the referral arrangement

5. Schedule 5: Marketing Guidelines: Approved marketing materials and usage guidelines

6. Appendix A: Contact Details: Key contact persons and their details for both parties

7. Appendix B: Data Processing Terms: Detailed terms for handling personal data in compliance with PDPA

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 Industries

Technology

Financial Services

Professional Services

Healthcare

Real Estate

Education

Retail

E-commerce

Telecommunications

Insurance

Manufacturing

Consulting

Relevant Teams

Business Development

Marketing

Sales

Legal

Compliance

Operations

Partner Relations

Commercial

Account Management

Strategic Partnerships

Channel Management

Relevant Roles

Business Development Manager

Marketing Director

Partnership Manager

Sales Manager

Chief Marketing Officer

Channel Manager

Affiliate Manager

Legal Counsel

Compliance Officer

Commercial Director

Business Owner

Managing Director

Operations Manager

Account 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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