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A Referral Agreement sets out the terms when one party (the referrer) introduces potential clients or business opportunities to another party in exchange for compensation. Under Austrian commercial law, these contracts typically specify commission rates, referral qualifications, and payment terms while ensuring compliance with competition regulations and consumer protection standards.

Austrian businesses commonly use these agreements in real estate, financial services, and professional consulting. The agreement must clearly outline how referral fees are calculated, when they become payable, and include provisions for data protection under the GDPR. It's essential to specify any territorial restrictions and detail how long the referrer's right to commission continues after making an introduction.

Use a Referral Agreement when your business plans to reward partners for bringing in new clients or business opportunities. This is especially important in Austrian industries like real estate, consulting, and financial services where referral networks drive significant business growth. The agreement becomes crucial when dealing with ongoing commission structures or when referrals form a key part of your sales strategy.

A formal agreement protects both parties when referral fees exceed €1,000 or involve multiple transactions over time. Austrian law requires clear documentation of commission structures and payment terms, particularly in regulated sectors. Having this agreement in place helps avoid disputes about compensation and ensures compliance with competition laws and GDPR requirements.

• Referral Fee Contract: Basic agreement focused on one-time or simple ongoing referral arrangements, typically used in retail or service industries with straightforward commission structures
• Consulting Referral Fee Agreement: Specialized version for professional services, featuring detailed performance metrics, tiered commission structures, and specific provisions for long-term business relationships in consulting environments

• Business Owners and Entrepreneurs: Create and manage referral programs to expand their client base, particularly common in consulting, real estate, and professional services
• Referral Partners: Independent professionals or businesses who actively refer clients and earn commissions under Austrian commercial law
• Legal Advisors: Draft and review agreements to ensure compliance with Austrian competition laws and GDPR requirements
• Financial Service Providers: Use structured referral systems to grow their client portfolio while maintaining regulatory compliance
• Business Development Managers: Implement and oversee referral programs, tracking performance and managing partner relationships

• Basic Details: Gather full legal names, business addresses, and registration numbers of all parties involved
• Commission Structure: Define exact referral fees, payment schedules, and any performance targets under Austrian commercial law
• Service Scope: Outline specific products or services covered, territorial limits, and exclusivity terms
• Compliance Requirements: Check industry-specific regulations and GDPR obligations for handling customer data
• Duration Terms: Decide on agreement length, renewal conditions, and termination clauses
• Documentation Process: Establish clear tracking methods for referrals and successful conversions

• Party Identification: Full legal names, business addresses, and registration numbers of referrer and recipient
• Scope Definition: Clear description of referral services and qualifying criteria for valid referrals
• Commission Terms: Detailed fee structure, payment timing, and conditions for earning referral fees
• Data Protection: GDPR-compliant procedures for handling customer information and referral tracking
• Duration & Termination: Agreement period, renewal options, and conditions for early termination
• Confidentiality: Provisions protecting business secrets and client information
• Governing Law: Explicit reference to Austrian law and jurisdiction for dispute resolution

A Referral Agreement differs significantly from a Broker Agreement in several key aspects, though both involve connecting parties for business purposes. While referral agreements focus on simple introductions with commission-based rewards, broker agreements typically involve more complex, active intermediary services and responsibilities under Austrian commercial law.

• Service Scope: Referrers simply introduce parties and step back, while brokers actively negotiate, advise, and facilitate the entire transaction process
• Legal Obligations: Brokers have fiduciary duties and must maintain professional licenses in regulated sectors; referrers have minimal ongoing obligations
• Compensation Structure: Broker fees are often higher and more complex, reflecting their deeper involvement and expertise, while referral fees are typically straightforward percentages
• Liability Exposure: Brokers face greater liability for transaction outcomes and advice given; referrers are generally only liable for misrepresentation in the initial introduction