The Referrer Agreement is designed for businesses operating under Austrian law who wish to formalize relationships with individuals or entities that can refer potential clients or customers. This document is particularly crucial in regulated industries where clear documentation of business relationships is required. The agreement includes comprehensive provisions for commission payments, referral processes, and compliance with Austrian commercial law, including the ABGB (Austrian Civil Code) and UGB (Commercial Code). It addresses key areas such as data protection under GDPR, commission structures, confidentiality obligations, and termination rights. The document is typically used when a company wants to expand its client base through formal referral channels while maintaining legal compliance and professional standards.
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1. Parties: Identification of the parties entering into the agreement: the company receiving referrals and the referrer
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement, including 'Successful Referral', 'Commission', 'Referred Client', etc.
4. Appointment and Scope: Terms of appointment of the referrer and scope of referral services
5. Referral Process: Detailed process for making referrals, including method of introduction and required information
6. Obligations of the Referrer: Referrer's duties, including quality of referrals, compliance with laws, and ethical conduct
7. Obligations of the Company: Company's responsibilities in handling referrals and maintaining service standards
8. Commission Structure: Details of commission calculations, payment terms, and conditions for commission eligibility
9. Intellectual Property: Protection and usage rights of trademarks, logos, and marketing materials
10. Confidentiality: Obligations regarding confidential information and trade secrets
11. Data Protection: GDPR compliance and data handling requirements
12. Term and Termination: Duration of agreement and circumstances for termination
13. General Provisions: Standard clauses including governing law, notices, entire agreement, and amendments
1. Non-Compete: Restrictions on referrer's ability to work with competitors, used when protecting market position is crucial
2. Training and Support: Details of any training or support provided to referrer, included when company offers significant support
3. Marketing Guidelines: Rules for marketing and promotion, included when referrer will conduct active marketing
4. Minimum Performance Requirements: Specific targets or quotas, included when performance benchmarks are required
5. Insurance Requirements: Insurance obligations for referrer, included when referrer's activities carry significant risk
6. Dispute Resolution: Specific procedures for handling disputes, included when alternative dispute resolution is preferred
7. Multi-territory Provisions: Specific rules for different territories, included for international referral arrangements
1. Schedule 1 - Commission Rates: Detailed breakdown of commission rates for different products/services
2. Schedule 2 - Referral Process Workflow: Step-by-step process flow for making and processing referrals
3. Schedule 3 - Approved Marketing Materials: List and examples of approved marketing materials and usage guidelines
4. Schedule 4 - Data Processing Requirements: Detailed GDPR compliance requirements and data handling procedures
5. Appendix A - Contact Details: Key contact information for both parties
6. Appendix B - Reporting Templates: Standard templates for referral reporting and commission calculations
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Professional Services
Information Technology
Real Estate
Insurance
Management Consulting
Legal Services
Healthcare
Education and Training
Business Services
Telecommunications
Relevant Teams
Legal
Compliance
Business Development
Sales
Marketing
Commercial
Finance
Operations
Partnership Management
Account Management
Relevant Roles
Business Development Manager
Sales Director
Partnership Manager
Channel Manager
Chief Commercial Officer
Marketing Director
Legal Counsel
Compliance Officer
Account Manager
Relationship Manager
Chief Executive Officer
Chief Operating Officer
Business Consultant
Partner (Professional Services)
Head of Sales
Head of Business Development
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