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Commercial Referral Fee Agreement
"I need a Commercial Referral Fee Agreement for my IT consulting firm based in Zurich to establish a referral program with software development companies, including a tiered commission structure starting at 10% and increasing based on deal value, with the agreement to commence on March 1, 2025."
1. Parties: Identification of the referring party and the recipient of referrals, including full legal names and addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement, including 'Referral', 'Qualified Lead', 'Referral Fee', etc.
4. Scope of Services: Detailed description of the referral services and the process for making referrals
5. Referral Process: Step-by-step procedure for making referrals and qualifying leads
6. Referral Fees and Payment Terms: Structure of referral fees, calculation method, payment schedule, and invoicing requirements
7. Obligations of the Referring Party: Duties and responsibilities of the party making the referrals
8. Obligations of the Recipient: Duties and responsibilities of the party receiving the referrals
9. Compliance Requirements: Regulatory compliance obligations, including data protection and anti-money laundering requirements
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Confidentiality: Protection of confidential information shared during the referral process
12. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
1. Non-Compete Clause: Restrictions on competitive activities, used when parties want to prevent referrals to competitors
2. Performance Targets: Specific referral volume or revenue targets, included when minimum performance levels are required
3. Training and Support: Details of any training or support provided for the referral process, used in complex referral arrangements
4. Audit Rights: Right to audit referral records and calculations, included for high-value or volume-based arrangements
5. Insurance Requirements: Specific insurance coverage requirements, used in high-risk or regulated industries
6. Marketing and Branding: Guidelines for using parties' brands in referral activities, included when marketing activities are part of the arrangement
1. Schedule 1 - Fee Structure: Detailed breakdown of referral fees, commission tiers, and calculation methods
2. Schedule 2 - Referral Criteria: Specific criteria for qualifying referrals and leads
3. Schedule 3 - Reporting Template: Standard format for tracking and reporting referrals
4. Schedule 4 - Contact Details: Key contact persons and their details for both parties
5. Appendix A - Compliance Procedures: Detailed procedures for ensuring regulatory compliance
6. Appendix B - Data Protection Protocol: Specific procedures for handling personal data in compliance with FDPA
Authors
Financial Services
Professional Services
Information Technology
Real Estate
Management Consulting
Healthcare
Insurance
Telecommunications
Legal Services
Business Services
Legal
Business Development
Sales
Compliance
Operations
Commercial
Partner Management
Account Management
Strategy
Marketing
Business Development Manager
Sales Director
Partnership Manager
Chief Commercial Officer
Legal Counsel
Compliance Officer
Account Manager
Channel Manager
Chief Executive Officer
Operations Manager
Marketing Director
Strategy Manager
Relationship Manager
Business Consultant
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