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Software Referral Agreement

Software Referral Agreement Template for New Zealand

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Key Requirements PROMPT example:

Software Referral Agreement

"I need a Software Referral Agreement for my cloud-based accounting software company, establishing an exclusive referral partnership in New Zealand's South Island with a 15% commission structure, planned to commence from March 2025."

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Document background
The Software Referral Agreement is essential for businesses operating in New Zealand's technology sector who wish to expand their market reach through partner networks. This document is typically used when a software provider wants to formalize arrangements with individuals or organizations who can refer potential customers to their software products or services. The agreement covers crucial aspects such as commission structures, referral processes, performance expectations, and compliance with New Zealand legislation, including the Contract and Commercial Law Act 2017 and Privacy Act 2020. It's particularly relevant in today's digital economy where partner ecosystems play a vital role in software distribution and sales. The document provides legal protection for both parties while establishing clear operational guidelines for the referral relationship.
Suggested Sections

1. Parties: Identifies and provides full legal details of the software provider and the referrer

2. Background: Explains the context of the agreement, including the software provider's business and the referrer's role

3. Definitions: Defines key terms used throughout the agreement, including 'Software', 'Referral', 'Qualified Lead', and 'Commission'

4. Appointment and Scope: Establishes the referrer's appointment, territory, and whether the relationship is exclusive or non-exclusive

5. Referral Process: Details the process for identifying, qualifying, and submitting referrals

6. Commission Structure: Specifies the commission rates, calculation methods, and payment terms

7. Obligations of the Referrer: Lists the referrer's responsibilities, including lead qualification and communication requirements

8. Obligations of the Software Provider: Outlines the software provider's commitments regarding lead processing and support

9. Intellectual Property: Addresses the use of trademarks, logos, and marketing materials

10. Confidentiality: Protects confidential information shared between parties

11. Term and Termination: Specifies the agreement duration and termination provisions

12. General Provisions: Includes standard legal clauses such as governing law, dispute resolution, and entire agreement

Optional Sections

1. Marketing and Promotion: Details specific marketing activities and requirements when the referrer will be actively promoting the software

2. Training Requirements: Includes when the referrer needs specific product training or certification

3. Performance Targets: Sets minimum performance requirements when specific targets are part of the agreement

4. Sub-referrers: Addresses the ability to appoint sub-referrers when this structure is permitted

5. Data Protection: Additional privacy and data handling requirements when significant personal data is involved

6. Non-Competition: Restrictions on promoting competing software when exclusivity is required

7. Insurance Requirements: Specific insurance obligations when required by the business relationship

8. Service Level Agreement: Response time commitments when specific service levels are needed

Suggested Schedules

1. Commission Rates Schedule: Detailed breakdown of commission rates for different products or service levels

2. Referral Process Workflow: Step-by-step process flow for handling referrals

3. Approved Marketing Materials: List of approved marketing materials and usage guidelines

4. Product Description: Description of software products/services covered by the agreement

5. Territory Definition: Detailed description of geographical or market segment coverage

6. Reporting Templates: Standard forms for referral submission and reporting

7. Contact Details: Key contact information for both parties

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Approved Territory
Business Day
Commencement Date
Commission
Confidential Information
Disqualified Lead
Documentation
Effective Date
End User
GST
Initial Term
Intellectual Property Rights
Lead Registration Process
Licensed Software
Marketing Materials
Minimum Performance Requirements
Notice
Personal Information
Privacy Laws
Qualified Lead
Referral
Referral Fee
Referral Period
Referral Process
Related Company
Renewal Term
Services
Software
Software Provider
Success Fee
Term
Territory
Trademarks
User Agreement
Valid Referral
Relevant Industries

Information Technology

Software Development

Professional Services

Management Consulting

Digital Services

Cloud Computing

Business Services

Financial Services

Healthcare Technology

Education Technology

Relevant Teams

Legal

Sales

Business Development

Partnerships

Commercial

Revenue Operations

Channel Sales

Partner Operations

Contract Administration

Compliance

Relevant Roles

Business Development Manager

Partner Manager

Channel Sales Manager

Legal Counsel

Commercial Director

Sales Director

Partnership Director

Chief Revenue Officer

Business Development Representative

Account Executive

Chief Executive Officer

Chief Commercial Officer

Partnerships Lead

Alliance Manager

Industries
Contract and Commercial Law Act 2017: This is the primary legislation governing contract formation, enforcement, and remedies in New Zealand. It includes provisions for electronic transactions and digital contracts.
Fair Trading Act 1986: Regulates trade practices and prohibits misleading and deceptive conduct in business. Important for ensuring transparency in referral relationships and commission structures.
Privacy Act 2020: Governs the collection, use, and disclosure of personal information. Relevant for handling customer data shared between parties in the referral process.
Consumer Guarantees Act 1993: May be relevant if the software referrals involve consumer transactions, ensuring consumer rights are protected in the software supply chain.
Goods and Services Tax Act 1985: Relevant for handling GST on referral fees and commissions paid under the agreement.
Income Tax Act 2007: Important for tax implications of referral fees and commission payments between parties.
Copyright Act 1994: Relevant for protecting intellectual property rights in software and related materials used in the referral relationship.
Unsolicited Electronic Messages Act 2007: Important if the referral agreement involves any form of electronic marketing or communication with potential customers.
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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