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Referral Contract Agreement
"I need a Referral Contract Agreement for my technology consulting firm to establish a referral program with financial services companies in Malaysia, including commission structures of 10% for successful client conversions and strict data protection provisions."
1. Parties: Identifies and provides full details of the referring party and the recipient party, including registration numbers and registered addresses
2. Background: Explains the context of the referral arrangement and the parties' business relationship
3. Definitions: Defines key terms used throughout the agreement, including 'Referral', 'Qualified Lead', 'Referral Fee', etc.
4. Scope of Referral Arrangement: Details the specific products/services covered by the referral arrangement and the territorial scope
5. Referral Process: Outlines the specific procedures for making and accepting referrals
6. Parties' Obligations: Lists the specific duties and responsibilities of both the referring party and the recipient
7. Referral Fees and Payment Terms: Specifies the fee structure, calculation method, and payment terms for successful referrals
8. Confidentiality: Establishes obligations regarding confidential information shared during the referral process
9. Data Protection: Addresses compliance with PDPA 2010 and data handling requirements
10. Term and Termination: Specifies the duration of the agreement and conditions for termination
11. Governing Law and Jurisdiction: Confirms Malaysian law as governing law and specifies jurisdiction for disputes
1. Non-Solicitation: Include when parties wish to prevent poaching of referred clients or employees
2. Exclusivity: Include when the referral arrangement is exclusive between the parties
3. Marketing and Branding: Include when specific guidelines for using parties' brands in referral activities are needed
4. Training and Support: Include when one party needs to provide training on products/services to the referring party
5. Performance Targets: Include when minimum referral targets or performance metrics are required
6. Dispute Resolution: Include when parties want specific alternative dispute resolution procedures
7. Insurance Requirements: Include when specific insurance coverage is required for referral activities
8. Anti-Corruption Compliance: Include for high-value referral arrangements or government-related contracts
1. Schedule 1: Referral Fee Structure: Detailed breakdown of fee calculations, tiers, and special rates
2. Schedule 2: Referral Process Workflow: Step-by-step process flow for referral submission, acceptance, and tracking
3. Schedule 3: Approved Products/Services: Comprehensive list of products/services covered under the referral arrangement
4. Schedule 4: Reporting Templates: Standard forms for referral tracking and commission reporting
5. Schedule 5: Contact Details: Key contact persons and escalation matrix for both parties
6. Appendix A: Data Protection Requirements: Detailed procedures for handling personal data in compliance with PDPA
7. Appendix B: Marketing Guidelines: Approved marketing materials and usage guidelines for referral activities
Authors
Business Day
Confidential Information
Effective Date
Force Majeure Event
Intellectual Property Rights
Laws
Personal Data
Qualified Lead
Recipient Party
Referring Party
Referral
Referral Fee
Referral Period
Referral Process
Referral Services
Successful Referral
Territory
Trademarks
Commission Period
Customer
Data Protection Laws
Documentation
Payment Date
Products
Services
Term
Malaysian Ringgit
Interpretation
Appointment
Term
Referral Process
Obligations
Compensation
Payment Terms
Representations and Warranties
Confidentiality
Data Protection
Intellectual Property
Non-Solicitation
Non-Competition
Termination
Force Majeure
Assignment
Notices
Entire Agreement
Severability
Waiver
Amendment
Governing Law
Dispute Resolution
Compliance with Laws
Anti-Corruption
Indemnification
Insurance
Record Keeping
Audit Rights
Financial Services
Professional Services
Real Estate
Insurance
Technology
Healthcare
Education
Consulting
Telecommunications
Legal Services
Banking
Property Development
Business Services
Recruitment
Digital Marketing
Legal
Business Development
Compliance
Sales
Operations
Commercial
Partnerships
Marketing
Account Management
Risk Management
Contract Administration
Business Development Manager
Legal Counsel
Compliance Officer
Partnership Manager
Sales Director
Channel Manager
Chief Executive Officer
Commercial Director
Operations Manager
Marketing Manager
Account Manager
Relationship Manager
Business Partner Manager
Contract Administrator
Risk Manager
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