Marketing Referral Agreement Template for United States

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Key Requirements PROMPT example:

Marketing Referral Agreement

"I need a Marketing Referral Agreement for my software company to establish a referral program with IT consulting firms, offering 15% commission for successful leads and including strict data protection clauses for handling customer information."

Document background
The Marketing Referral Agreement serves as a crucial document for businesses seeking to formalize their referral partnerships in the United States. It provides a structured framework for managing referral relationships, defining compensation mechanisms, and ensuring regulatory compliance. This agreement is particularly important in today's interconnected business environment where referral marketing plays a significant role in customer acquisition. The document addresses key aspects such as referral tracking, commission structures, payment terms, and marketing guidelines while incorporating necessary legal protections for all parties involved.
Suggested Sections

1. Parties: Identification and details of the referring party and the recipient of referrals

2. Background: Context of the agreement and business relationship

3. Definitions: Key terms used throughout the agreement including 'Referral', 'Qualified Lead', 'Commission', etc.

4. Referral Process: Detailed procedure for making and accepting referrals, including qualification criteria

5. Compensation Terms: Payment structure, rates, and payment terms for successful referrals

6. Representations and Warranties: Standard representations about authority to enter agreement and compliance with laws

7. Term and Termination: Duration of agreement and conditions for termination

8. Confidentiality: Protection of confidential information exchanged during the referral process

9. General Provisions: Standard boilerplate clauses including governing law, notices, and amendment procedures

Optional Sections

1. Non-Solicitation: Prevents parties from directly soliciting referred customers or employees

2. Exclusivity Provisions: Terms regarding exclusive referral relationships and territorial restrictions

3. Marketing Guidelines: Specific rules for marketing and promoting the referral relationship

4. Compliance with Laws: Detailed compliance obligations for specific regulated industries

5. Data Protection: Specific provisions for handling personal data and ensuring privacy compliance

Suggested Schedules

1. Schedule A - Commission Structure: Detailed breakdown of referral fees and commission structures

2. Schedule B - Referral Reporting Template: Standard format for tracking and reporting referrals

3. Schedule C - Marketing Materials Guidelines: Approved marketing materials and usage guidelines

4. Schedule D - Service Level Agreement: Performance metrics and service standards for handling referrals

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

Relevant legal definitions
Clauses
Industries

FTC Regulations: Federal Trade Commission regulations including Guidelines for Endorsements and Testimonials, Truth in Advertising regulations, and CAN-SPAM Act requirements for email marketing

State-Specific Referral Laws: Individual state regulations governing referral fees, compensation, marketing practices, advertising regulations, and state-specific licensing requirements

Privacy Laws: Privacy regulations including CCPA (California), other state privacy laws, and GDPR considerations for international reach

Industry-Specific Regulations: Sector-specific regulations such as RESPA for real estate, HIPAA for healthcare, and SEC/FINRA regulations for financial services

Contract Law: State-specific contract laws, Statute of Frauds requirements, and Uniform Commercial Code (UCC) provisions

Anti-Kickback Laws: Federal Anti-Kickback Statute, state anti-kickback laws, and industry-specific anti-kickback provisions

Competition Laws: Antitrust regulations including Sherman Antitrust Act, Clayton Act, and Federal Trade Commission Act

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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