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Agent Referral Agreement
"I need an Agent Referral Agreement for my financial advisory firm in South Africa, with strict data protection clauses and a tiered commission structure starting from January 2025, specifically including FAIS Act compliance requirements."
1. Parties: Identifies and provides full legal details of the Principal and the Agent
2. Background: Explains the context of the agreement and the parties' intentions
3. Definitions and Interpretation: Defines key terms and establishes interpretation rules for the agreement
4. Appointment and Scope: Establishes the Agent's appointment and defines the scope of referral services
5. Agent's Obligations: Details the Agent's responsibilities, including referral processes and compliance requirements
6. Principal's Obligations: Outlines the Principal's duties and commitments to the Agent
7. Compensation: Details the referral fee structure, payment terms, and calculation methods
8. Compliance with Laws: Ensures adherence to relevant South African laws, including POPIA and consumer protection
9. Confidentiality: Protects confidential information shared between parties
10. Term and Termination: Specifies agreement duration and termination conditions
11. General Provisions: Standard legal clauses including notices, governing law, and dispute resolution
1. Non-Compete: Restricts Agent from working with competitors (include when exclusivity is required)
2. Training and Support: Details training provided by Principal (include when significant product knowledge is required)
3. Marketing Guidelines: Specifies how Agent may market Principal's services (include when Agent will conduct marketing activities)
4. Performance Targets: Sets minimum referral requirements (include when specific targets are necessary)
5. Data Protection: Detailed POPIA compliance procedures (include when significant personal data processing is involved)
6. Insurance Requirements: Specifies required insurance coverage (include for high-risk industries)
7. Audit Rights: Allows Principal to audit Agent's activities (include for regulated industries or high-value contracts)
8. Sub-Agents: Rules for appointing sub-agents (include when sub-agents may be needed)
1. Schedule 1: Commission Structure: Detailed breakdown of referral fees, commission tiers, and calculation methods
2. Schedule 2: Referral Process: Step-by-step process for making and tracking referrals
3. Schedule 3: Approved Marketing Materials: List of pre-approved marketing materials and templates
4. Schedule 4: Service Description: Detailed description of Principal's services that may be referred
5. Schedule 5: Reporting Templates: Standard forms for regular reporting and commission calculations
6. Appendix A: Compliance Checklist: Checklist of regulatory requirements and compliance procedures
7. Appendix B: Contact Details: Key contact information for both parties
Authors
Agent
Principal
Confidential Information
Commencement Date
Commission
Effective Date
Force Majeure Event
Intellectual Property Rights
Personal Information
Qualified Referral
Referral
Referral Fee
Referral Period
Services
Successful Referral
Territory
Term
Termination Date
Business Day
Approved Marketing Materials
Competitive Business
Customer
Prospective Customer
Commission Period
Minimum Performance Requirements
Referral Process
Regulatory Requirements
Related Persons
Sub-Agent
VAT
Writing
Applicable Laws
Data Protection Laws
POPIA
Scope of Authority
Territory
Exclusivity
Commission
Payment Terms
Referral Process
Performance Requirements
Representations and Warranties
Confidentiality
Data Protection
Intellectual Property
Non-Compete
Non-Solicitation
Compliance
Record Keeping
Audit Rights
Term and Duration
Termination
Force Majeure
Indemnification
Limitation of Liability
Insurance
Assignment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Variation
Waiver
Relationship of Parties
Anti-Corruption
Marketing and Promotion
Training and Support
Reporting Requirements
Financial Services
Insurance
Real Estate
Professional Services
Technology
Telecommunications
Healthcare
Education
Consulting
Marketing and Advertising
Legal Services
Banking
Property Management
Software and IT
Business Services
Legal
Business Development
Sales
Compliance
Operations
Commercial
Partnerships
Marketing
Finance
Risk Management
Customer Relations
Contract Administration
Business Development Manager
Sales Director
Partnership Manager
Legal Counsel
Compliance Officer
Commercial Director
Chief Executive Officer
Managing Director
Operations Manager
Channel Manager
Marketing Director
Chief Commercial Officer
Business Owner
Relationship Manager
Sales Manager
Contract Administrator
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