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Referral Fee Agreement
"I need a Referral Fee Agreement for my software company to pay 15% commission to marketing agencies who refer clients to our cloud services, with monthly payments and a minimum referral threshold of 5 clients per quarter."
1. Parties: Identification of the referring party and the recipient party, including full legal names, addresses, and registration details if companies
2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of the referral arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including 'Referral', 'Referral Fee', 'Qualified Lead', etc.
4. Referral Arrangement: Core terms of the referral relationship, including process for making and accepting referrals
5. Referral Fee Structure: Detailed explanation of fee calculation, payment terms, and conditions for fee eligibility
6. Payment Terms: Timeline for payments, payment methods, currency, and handling of taxes
7. Obligations of Parties: Specific duties and responsibilities of both parties in the referral process
8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
9. Confidentiality: Protection of confidential information exchanged during the referral process
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Non-Compete: Restrictions on competing activities, used when parties operate in similar industries
2. Intellectual Property: Protection of trademarks and branding, important when referral involves use of logos or marketing materials
3. Data Protection: Specific provisions for handling personal data, required when referrals involve sharing customer information
4. Marketing and Promotion: Guidelines for how the referring party can market or promote the recipient's services
5. Dispute Resolution: Alternative dispute resolution procedures, recommended for high-value referral arrangements
6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term arrangements
7. Compliance with Laws: Specific regulatory compliance requirements, important in regulated industries
8. Warranties and Representations: Additional guarantees by parties, useful in complex referral arrangements
1. Schedule 1 - Fee Calculator: Detailed breakdown of fee calculation methods, including any tiered structures or bonuses
2. Schedule 2 - Referral Process: Step-by-step process for making and tracking referrals
3. Schedule 3 - Reporting Template: Standard format for tracking and reporting referrals and calculating fees
4. Schedule 4 - Approved Marketing Materials: Templates or guidelines for marketing materials used in the referral process
5. Appendix A - Contact Details: Key contact persons and their details for both parties
6. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements applicable to the referral arrangement
Authors
Affiliate
Business Day
Confidential Information
Effective Date
Force Majeure Event
Intellectual Property Rights
Lead
Qualified Lead
Referring Party
Recipient Party
Referral
Referral Fee
Referral Period
Referral Services
Successful Referral
Territory
Term
Services
Customer
Commission
Payment Period
Marketing Materials
Qualifying Transaction
Referral Process
Related Party
Contract Value
Conversion
Excluded Customer
Performance Metrics
Reporting Period
Service Level Requirements
Termination Date
Working Hours
Commission Structure
Payment Terms
Confidentiality
Term and Termination
Warranties and Representations
Intellectual Property
Non-Competition
Non-Solicitation
Data Protection
Force Majeure
Dispute Resolution
Governing Law
Assignment
Entire Agreement
Amendments
Notices
Severability
Waiver
Indemnification
Liability Limitation
Compliance with Laws
Record Keeping
Audit Rights
Marketing and Promotion
Relationship of Parties
Exclusivity
Territory Rights
Performance Obligations
Reporting Requirements
Financial Services
Real Estate
Professional Services
Technology
Insurance
Education
Healthcare
Consulting
Legal Services
Marketing and Advertising
Telecommunications
Banking
Construction
Recruitment
Legal
Business Development
Sales
Finance
Compliance
Operations
Commercial
Marketing
Partnership Management
Contract Administration
Business Development Manager
Sales Director
Channel Partner Manager
Legal Counsel
Commercial Director
Partnership Manager
Chief Revenue Officer
Marketing Manager
Compliance Officer
Financial Controller
Chief Executive Officer
Operations Manager
Contract Manager
Business Strategy Manager
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