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Referral Partner Agreement
"I need a Referral Partner Agreement for my Malaysian tech company that allows multiple international partners to refer software clients to us, with a tiered commission structure starting from January 2025 and including data protection clauses for cross-border data transfers."
1. Parties: Identifies and provides details of the principal company and the referral partner
2. Background: Sets out the context of the agreement, including the principal's business and desire to expand through referral partners
3. Definitions: Defines key terms used throughout the agreement including 'Referral', 'Qualified Lead', 'Referral Fee', etc.
4. Appointment and Scope: Establishes the referral partner's appointment, territory, and whether the relationship is exclusive or non-exclusive
5. Referral Process: Details the process for submitting and tracking referrals, including lead qualification criteria
6. Referral Partner Obligations: Lists the referral partner's duties, including lead generation, communication, and compliance requirements
7. Principal's Obligations: Outlines the principal's responsibilities in handling referrals and supporting the partner
8. Fees and Payment Terms: Specifies referral fee structure, calculation method, payment timing, and documentation requirements
9. Intellectual Property: Addresses usage rights for trademarks, logos, and marketing materials
10. Confidentiality: Protects confidential information exchanged during the referral relationship
11. Data Protection: Ensures compliance with PDPA 2010 in handling customer data
12. Term and Termination: Specifies agreement duration, renewal terms, and termination rights
13. Post-Termination: Addresses obligations and rights after agreement termination
14. General Provisions: Standard clauses including notices, assignment, governing law, etc.
1. Training and Support: Details training and support provided by principal when significant product knowledge is required
2. Marketing and Promotion: Include when partner will conduct marketing activities requiring guidelines and approvals
3. Service Levels: Add when specific response times or performance metrics are required
4. Audit Rights: Include for high-value referral arrangements requiring verification of referred business
5. Non-Compete: Add when restricting partner from promoting competing products/services
6. Insurance: Include when partner activities carry significant risk requiring insurance coverage
7. Compliance with Anti-Bribery Laws: Add for international referrals or government sector involvement
8. Dispute Resolution: Include detailed arbitration or mediation procedures for high-value partnerships
1. Schedule 1: Referral Fee Structure: Detailed breakdown of fee calculations, tiers, and bonus structures
2. Schedule 2: Territory and Market Segment: Defines geographical areas and/or market segments for referral activities
3. Schedule 3: Lead Qualification Criteria: Detailed criteria for qualified leads and documentation requirements
4. Schedule 4: Reporting Templates: Standard forms for referral submission and tracking
5. Schedule 5: Approved Marketing Materials: List of approved marketing materials and usage guidelines
6. Appendix A: Data Processing Requirements: Detailed PDPA compliance requirements and procedures
7. Appendix B: Service Level Requirements: Specific performance metrics and response time requirements
Authors
Information Technology
Financial Services
Professional Services
Healthcare
Real Estate
Education
Telecommunications
Manufacturing
Retail
Consulting
Legal
Business Development
Sales
Compliance
Marketing
Operations
Finance
Commercial
Partner Relations
Account Management
Business Development Manager
Partnership Manager
Sales Director
Chief Revenue Officer
Channel Manager
Legal Counsel
Compliance Officer
Marketing Director
Account Manager
Chief Executive Officer
Commercial Director
Operations Manager
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