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Referral Agent Agreement Template for Australia

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Key Requirements PROMPT example:

Referral Agent Agreement

"I need a Referral Agent Agreement for my financial services company based in Sydney, which will be used to engage independent financial advisors who will refer clients to our wealth management services starting March 2025; the agreement must include ASIC compliance requirements and detailed commission structures."

Document background
The Referral Agent Agreement is a crucial legal document used in Australian business contexts where companies seek to expand their customer base through formal referral partnerships. This agreement is essential when establishing a structured referral program where individuals or companies (referral agents) are incentivized to refer potential customers to the principal business. The document covers key aspects such as commission structures, referral processes, compliance with Australian regulations (including privacy laws and consumer protection), and the obligations of both parties. It's particularly valuable for businesses that rely on network-based growth strategies and want to formalize their referral relationships while ensuring legal compliance and clear operational guidelines. The agreement can be customized for various industries while maintaining compliance with Australian federal and state legislation.
Suggested Sections

1. Parties: Identifies and defines the principal company and the referral agent, including their legal names, addresses, and ACN/ABN.

2. Background: Explains the context of the agreement, including the principal's business, the agent's capacity, and the purpose of the referral arrangement.

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

4. Appointment: Establishes the appointment of the referral agent, nature of the relationship (non-exclusive/exclusive), and territory if applicable.

5. Referral Process: Details the process for making referrals, including how leads are submitted, qualified, and tracked.

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

7. Obligations of the Agent: Lists the referral agent's duties, responsibilities, and performance standards.

8. Obligations of the Principal: Outlines the principal's commitments, including lead handling and commission payments.

9. Term and Termination: Specifies the agreement duration, renewal terms, and termination conditions.

10. Confidentiality: Covers the handling of confidential information shared between parties.

11. Privacy Compliance: Addresses privacy law compliance and data protection requirements.

12. General Provisions: Standard legal clauses including governing law, notices, assignment, and entire agreement.

Optional Sections

1. Training and Support: Include when the principal provides specific training or support systems to the agent.

2. Marketing Guidelines: Add when the agent will be using the principal's branding or marketing materials.

3. Non-Compete: Include when restricting the agent from working with competitors.

4. Dispute Resolution: Add detailed dispute resolution procedures for high-value or complex arrangements.

5. Insurance Requirements: Include when specific insurance coverage is required from the agent.

6. Reporting Requirements: Add when regular reporting of referral activities is needed.

7. Compliance with Industry Regulations: Include for regulated industries (e.g., financial services, healthcare).

8. Sub-agents: Add when the agent is permitted to appoint sub-agents.

Suggested Schedules

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

2. Schedule 2 - Referral Process: Step-by-step procedures for making and processing referrals.

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

4. Schedule 4 - Territory Definition: Detailed description of geographic or market territory if applicable.

5. Schedule 5 - Reporting Templates: Standard forms and templates for referral reporting.

6. Appendix A - Privacy Policy: Specific privacy requirements and procedures.

7. Appendix B - Code of Conduct: Expected behavioral standards and ethical guidelines.

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































Clauses




























Relevant Industries

Financial Services

Real Estate

Professional Services

Information Technology

Healthcare

Insurance

Education

Consulting

Telecommunications

Business Services

Relevant Teams

Legal

Business Development

Sales

Compliance

Operations

Partner Relations

Commercial

Marketing

Channel Management

Contract Administration

Relevant Roles

Business Development Manager

Sales Director

Channel Partner Manager

Partnership Manager

Legal Counsel

Compliance Officer

Chief Executive Officer

Commercial Director

Operations Manager

Account Manager

Marketing Director

Network Development Manager

Referral Program Coordinator

Business Partner Manager

Industries








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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