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The Mortgage Broker Referral Agreement is essential for organizations operating in the German financial services sector who wish to establish formal referral relationships for mortgage products. This document is specifically designed to comply with German banking and financial services regulations, including the German Banking Act (KWG) and Trade Regulation Act (GewO). It is typically used when banks, real estate agencies, or other financial institutions want to refer clients to licensed mortgage brokers while ensuring regulatory compliance and clear commercial terms. The agreement includes crucial elements such as commission structures, referral processes, data protection measures, and regulatory compliance requirements. It's particularly important in the German market due to strict regulatory oversight of mortgage brokerage activities and the implementation of the EU Mortgage Credit Directive.

1. Parties: Identification of the referring party and the mortgage broker, including their respective licensing and registration details

2. Background: Context of the agreement and brief description of the parties' business activities

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

4. Scope of Services: Detailed description of the referral arrangement and services to be provided by each party

5. Regulatory Compliance: Obligations regarding compliance with German banking laws, particularly KWG and GewO requirements

6. Referral Process: Step-by-step process for making and accepting referrals, including documentation requirements

7. Commission Structure: Details of commission calculations, payment terms, and compliance with PAngV requirements

8. Data Protection and Privacy: GDPR compliance measures and data handling procedures

9. Representations and Warranties: Parties' confirmations regarding licenses, authorizations, and compliance capabilities

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Confidentiality: Protection of confidential information and trade secrets

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