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Referral Compensation Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Referral Compensation Agreement

"I need a Referral Compensation Agreement under Hong Kong law for my technology consulting firm to establish a referral program with IT service providers, offering a 10% commission on successful client conversions with a quarterly payment structure."

Document background
The Referral Compensation Agreement is essential for businesses operating in Hong Kong that wish to formalize their referral relationships and establish clear compensation frameworks. This document is particularly relevant in today's interconnected business environment where strategic partnerships and referral networks are crucial for growth. The agreement ensures compliance with Hong Kong's legal requirements, including the Personal Data (Privacy) Ordinance, Prevention of Bribery Ordinance, and relevant industry regulations. It is commonly used by financial institutions, professional services firms, and businesses seeking to expand their client base through structured referral programs. The document includes comprehensive provisions for referral processes, compensation calculations, payment terms, compliance requirements, and dispute resolution mechanisms, all tailored to Hong Kong's business and legal context.
Suggested Sections

1. Parties: Identifies and provides details of the referrer and the company receiving referrals

2. Background: Explains the context of the agreement and the parties' intention to enter into a referral arrangement

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

4. Appointment and Scope: Outlines the nature of the referral relationship and scope of services

5. Referral Process: Details the procedure for making and accepting referrals

6. Compensation Structure: Specifies the compensation rates, calculation methods, and payment terms

7. Payment Terms: Defines payment timing, method, and any conditions precedent to payment

8. Obligations of Parties: Lists specific duties and responsibilities of both parties

9. Representations and Warranties: Standard warranties about capacity to contract and compliance with laws

10. Confidentiality: Provisions for protecting confidential information and referral data

11. Data Privacy Compliance: Ensures compliance with Hong Kong's Personal Data (Privacy) Ordinance

12. Term and Termination: Specifies agreement duration and termination provisions

13. Governing Law and Jurisdiction: Confirms Hong Kong law governs and specifies jurisdiction for disputes

Optional Sections

1. Non-Solicitation: Prevents parties from directly soliciting each other's clients or employees - include when dealing with sensitive business relationships

2. Exclusivity: Establishes whether the referral arrangement is exclusive - include when exclusivity is part of the business arrangement

3. Intellectual Property: Protects trademarks and marketing materials - include when branding and marketing materials are shared

4. Insurance: Requires parties to maintain specific insurance coverage - include for high-risk industries or substantial referral arrangements

5. Compliance with Industry Regulations: Adds specific regulatory compliance requirements - include for regulated industries like financial services

6. Marketing and Promotion: Sets rules for marketing the referral relationship - include when public promotion is contemplated

7. Force Majeure: Addresses unforeseen circumstances - include for long-term or high-value arrangements

Suggested Schedules

1. Schedule 1 - Compensation Rates: Detailed breakdown of referral fees, commission rates, and calculation methods

2. Schedule 2 - Referral Procedures: Step-by-step process for making and tracking referrals

3. Schedule 3 - Reporting Requirements: Templates and timing for referral reporting and tracking

4. Schedule 4 - Approved Marketing Materials: Pre-approved marketing content and usage guidelines

5. Appendix A - Contact Details: Key contact information for both parties

6. Appendix B - Data Processing Requirements: Specific procedures for handling personal data in compliance with Hong Kong law

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



































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Relevant Industries

Financial Services

Professional Services

Real Estate

Insurance

Technology

Consulting

Healthcare

Education

Recruitment

Legal Services

Banking

Investment Management

Property Development

Business Services

Relevant Teams

Legal

Compliance

Finance

Business Development

Sales

Operations

Risk Management

Marketing

Commercial

Partnership Management

Account Management

Relevant Roles

Business Development Manager

Partnership Manager

Legal Counsel

Compliance Officer

Chief Financial Officer

Sales Director

Channel Manager

Relationship Manager

Chief Executive Officer

Operations Manager

Commercial Director

Marketing Director

Business Unit Head

Risk Manager

Finance 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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Referral Compensation Agreement

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