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Referral Agreement Contract
"I need a Referral Agreement Contract for my IT consulting firm in Bangalore to establish a referral partnership with a cloud services provider, including a 15% commission structure and quarterly payment terms, to be effective from March 2025."
1. Parties: Identifies and provides full details of the referring party and the recipient party
2. Background: Explains the context of the agreement and the parties' intentions to enter into a referral arrangement
3. Definitions: Defines key terms used throughout the agreement including 'Referral', 'Referral Fee', 'Qualified Lead', etc.
4. Scope of Referral Arrangement: Details the nature of referrals, products/services covered, and territorial scope
5. Referral Process: Outlines the specific procedure for making and accepting referrals
6. Referral Fees and Payment Terms: Specifies the fee structure, calculation method, payment schedule, and invoicing process
7. Obligations of the Referring Party: Lists the duties and responsibilities of the party making the referrals
8. Obligations of the Recipient Party: Details the responsibilities of the party receiving the referrals
9. Representations and Warranties: States the parties' assurances regarding their capacity and authority to enter into the agreement
10. Confidentiality: Governs the handling and protection of confidential information shared between parties
11. Term and Termination: Specifies the duration of the agreement and conditions for termination
12. Post-Termination Obligations: Outlines obligations that survive after the agreement ends
13. Governing Law and Jurisdiction: Specifies that Indian law governs the agreement and establishes jurisdiction for dispute resolution
1. Non-Solicitation: Prevents parties from directly soliciting each other's employees or clients, used when parties have significant market overlap
2. Exclusivity: Establishes exclusive referral rights, used when parties want to ensure referrals are made only to each other
3. Intellectual Property Rights: Governs the use of trademarks and other IP, important when branding or marketing materials are shared
4. Data Protection: Detailed provisions for handling personal data, essential when referrals involve sharing of personal information
5. Marketing and Promotion: Guidelines for how the referral relationship can be marketed, used when public promotion is intended
6. Training and Support: Details any training or support provided by either party, relevant for complex product/service referrals
7. Insurance Requirements: Specifies required insurance coverage, important in high-risk industries
8. Compliance with Industry Regulations: Additional compliance requirements for regulated industries like finance or healthcare
1. Schedule 1 - Fee Structure: Detailed breakdown of referral fees, commission tiers, and calculation methods
2. Schedule 2 - Referral Process Workflow: Step-by-step process flow for making and processing referrals
3. Schedule 3 - Reporting Templates: Standard formats for tracking and reporting referrals
4. Schedule 4 - Approved Marketing Materials: Pre-approved materials and guidelines for promoting the referral relationship
5. Schedule 5 - Service Level Agreement: Performance metrics and response time requirements
6. Appendix A - Contact Details: Key contact information for both parties
7. Appendix B - Compliance Checklist: Industry-specific compliance requirements and verification procedures
Authors
Information Technology
Financial Services
Professional Services
Real Estate
Healthcare
Education
Consulting
Insurance
Telecommunications
E-commerce
Manufacturing
Retail
Business Services
Legal
Business Development
Sales
Compliance
Finance
Operations
Commercial
Marketing
Strategy
Partner Management
Contract Administration
Business Development Manager
Sales Director
Channel Partner Manager
Legal Counsel
Compliance Officer
Partnership Manager
Chief Revenue Officer
Commercial Director
Account Manager
Marketing Manager
Business Strategy Manager
Operations Manager
Contract Administrator
Chief Executive Officer
Chief Financial Officer
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