Referral Commission Agreement Template for Singapore

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Key Requirements PROMPT example:

Referral Commission Agreement

"Need a Referral Commission Agreement for my Singapore-based fintech company to engage independent sales agents who will refer merchants to our payment platform, with a tiered commission structure starting from March 2025."

Document background

The Referral Commission Agreement is essential for businesses operating in Singapore that rely on referral networks for customer acquisition or business development. This document establishes clear terms for commission-based referral relationships, ensuring compliance with Singapore's legal framework including the Contract Act, Payment Services Act, and Personal Data Protection Act. It defines the scope of referral services, commission structures, payment terms, and mutual obligations while protecting both parties' interests through appropriate risk allocation and compliance measures.

Suggested Sections

1. Parties: Identification and details of contracting parties

2. Background: Context and purpose of the referral arrangement

3. Definitions: Key terms used throughout the agreement

4. Scope of Referral Services: Details of referral activities and obligations

5. Commission Structure: Payment terms, rates, and calculation methods

6. Payment Terms: Timing, method, and conditions for commission payments

7. Term and Termination: Duration and termination provisions

8. Confidentiality: Protection of confidential information shared between parties

9. Representations and Warranties: Standard assurances from both parties

10. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Non-Compete: Restrictions on competitive activities during and after the agreement term

2. Intellectual Property: IP rights and usage terms for brand materials and proprietary information

3. International Payments: Specific terms for cross-border payment arrangements and currency considerations

4. Compliance Requirements: Industry-specific compliance obligations and regulatory requirements

5. Data Protection: Specific obligations under PDPA and handling of personal data

Suggested Schedules

1. Schedule 1 - Commission Rate Schedule: Detailed breakdown of commission rates, tiers, and calculation methods

2. Schedule 2 - Referral Process: Step-by-step referral procedures, requirements, and documentation

3. Schedule 3 - Reporting Template: Standard format for referral tracking and commission reporting

4. Schedule 4 - Compliance Checklist: Required compliance procedures and documentation requirements

5. Schedule 5 - Approved Marketing Materials: List of approved marketing materials and usage guidelines

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services
Real Estate
Professional Services
Technology
Healthcare

Relevant Teams

Business Development
Sales
Finance
Legal
Compliance
Operations

Relevant Roles

Business Development Manager
Sales Director
Channel Partner Manager
Compliance Officer
Financial Controller

Industries

Contract Act 1872 (Chapter 53): Primary legislation governing contract formation, validity, and enforcement in Singapore, including basic elements of offer, acceptance, consideration, and intention to create legal relations

Companies Act (Chapter 50): Regulates business entities and corporate structures in Singapore, relevant for establishing the legal status of contracting parties

Business Registration Act (Chapter 32): Governs business registration requirements and compliance for entities operating in Singapore

Employment Act (Chapter 91): Relevant for ensuring the referral relationship is clearly distinguished from employment relationships

Payment Services Act 2019: Regulates payment services and payment systems in Singapore, relevant for commission payment structures

Currency Act (Chapter 69): Governs monetary and currency matters in Singapore, relevant for payment terms

Consumer Protection (Fair Trading) Act: Ensures fair trading practices and consumer protection, particularly relevant if referrals involve consumer transactions

Income Tax Act (Chapter 134): Governs taxation of income including commission payments, relevant for tax reporting obligations

Goods and Services Tax Act (Chapter 117A): Regulates GST obligations, relevant for commission payment structures and tax implications

Personal Data Protection Act 2012: Governs the collection, use, and disclosure of personal data, crucial for handling referral information

Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act: Relevant for anti-money laundering compliance in referral arrangements

Financial Advisers Act: Specific regulations for financial advisory services and referrals in the financial sector

Securities and Futures Act: Relevant if referrals involve securities, investment products, or financial markets

Real Estate Agents Act: Specific regulations for property-related referrals and commission arrangements in real estate

Insurance Act: Governs insurance-related referrals and commission structures in the insurance industry

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Authors

Alex Denne

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