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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."
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
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
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
Business Day
Commencement Date
Commission
Confidential Information
Customer
Effective Date
Intellectual Property Rights
Lead
Marketing Materials
Personal Data
Qualified Lead
Referral
Referral Fee
Referral Period
Referral Process
Referral Territory
Services
Successful Referral
Term
Termination Date
Trade Secrets
Transaction Value
Working Hours
Scope
Term
Referral Process
Commission
Payment Terms
Obligations
Representations and Warranties
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Termination
Force Majeure
Indemnification
Limitation of Liability
Assignment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Counterparts
Performance Standards
Reporting Requirements
Marketing Guidelines
Compliance with Laws
Insurance
Technology
Financial Services
Professional Services
Healthcare
Real Estate
Education
Retail
E-commerce
Telecommunications
Insurance
Manufacturing
Consulting
Business Development
Marketing
Sales
Legal
Compliance
Operations
Partner Relations
Commercial
Account Management
Strategic Partnerships
Channel Management
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
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