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Referral Agreement Contract
"I need a Referral Agreement Contract for my software consulting firm to establish a partnership with IT service providers who will refer clients to us, including a tiered commission structure and specific requirements for qualified leads in the enterprise software sector."
1. Parties: Identification of the referring party and the recipient party, including full legal names and addresses
2. Background: Context of the agreement and brief description of both parties' businesses
3. Definitions: Definitions of key terms used throughout the agreement, including 'Referral', 'Qualified Referral', 'Referral Fee', etc.
4. Referral Arrangement: Core terms of how the referral process works, including the scope of referrals and qualification criteria
5. Compensation: Details of referral fees, payment terms, calculation methods, and payment schedule
6. Obligations of Referring Party: Responsibilities and commitments of the party making referrals
7. Obligations of Recipient Party: Responsibilities and commitments of the party receiving referrals
8. Term and Termination: Duration of the agreement and conditions for termination
9. Confidentiality: Protection of confidential information shared between parties
10. Representations and Warranties: Basic warranties about authority to enter agreement and compliance with laws
11. General Provisions: Standard boilerplate clauses including governing law, notices, and amendment procedures
1. Non-Solicitation: Prevents parties from directly soliciting each other's clients or employees
2. Exclusivity: Used when parties agree to an exclusive referral arrangement
3. Marketing and Promotion: Guidelines for how parties can market or promote each other's services
4. Intellectual Property: Protection and usage rights of trademarks, logos, and other IP in the referral process
5. Data Protection: Specific provisions for handling personal data in compliance with privacy laws
6. Training and Support: Details of any training or support provided between parties
7. Dispute Resolution: Specific procedures for resolving disputes, including mediation or arbitration
8. Insurance Requirements: Specific insurance coverage requirements for either party
9. Compliance with Industry Regulations: Added for regulated industries with specific compliance requirements
1. Schedule A - Referral Fee Structure: Detailed breakdown of fee calculations, tiers, and special cases
2. Schedule B - Referral Process: Step-by-step process for making and handling referrals
3. Schedule C - Reporting Requirements: Templates and timing for referral tracking and reporting
4. Schedule D - Approved Marketing Materials: Pre-approved marketing content and usage guidelines
5. Appendix 1 - Contact Information: Key contacts for both parties for various purposes
6. Appendix 2 - Service Territory: Geographic or market boundaries for the referral arrangement
Authors
Professional Services
Financial Services
Real Estate
Technology
Healthcare
Insurance
Consulting
Legal Services
Marketing and Advertising
Education and Training
Software and IT
Business Services
Legal
Business Development
Sales
Compliance
Operations
Marketing
Partnership Management
Commercial
Account Management
Contract Administration
Business Development Manager
Sales Director
Partnership Manager
Legal Counsel
Compliance Officer
Chief Executive Officer
Operations Manager
Marketing Director
Channel Manager
Account Executive
Business Owner
Managing Partner
Chief Commercial Officer
Sales Operations Manager
Contracts Administrator
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