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The Referral Contract is essential for businesses operating in Germany who wish to formalize their referral partnerships and create clear frameworks for customer or client referrals. This document type is particularly important given Germany's strict regulatory environment and the need for clear compliance with both German commercial law and EU regulations. The contract addresses crucial elements such as referral processes, fee structures, data protection compliance (GDPR), and quality standards. It's commonly used when businesses want to expand their customer base through partner networks, establish commission-based referral systems, or create formal affiliate programs. The agreement must comply with German legal requirements regarding commercial agency relationships (if applicable), competition law, and data protection regulations.

1. Parties: Identification and details of the referring party and the recipient of referrals

2. Background: Context of the referral arrangement and business relationship

3. Definitions: Key terms used throughout the agreement including 'Referral', 'Referred Customer', 'Referral Fee'

4. Scope of Agreement: Nature and extent of referral services to be provided

5. Referral Process: Detailed procedure for making and accepting referrals

6. Obligations of the Referring Party: Duties in identifying and referring potential customers, including quality standards

7. Obligations of the Recipient: Responsibilities in handling referrals and maintaining service standards

8. Referral Fees and Payment Terms: Compensation structure, calculation method, and payment procedures

9. Data Protection and GDPR Compliance: Obligations regarding handling of personal data and ensuring GDPR compliance

10. Confidentiality: Protection of confidential information exchanged during the referral process

11. Term and Termination: Duration of agreement and conditions for termination

12. Non-Solicitation: Restrictions on soliciting referred customers or employees

13. Representations and Warranties: Basic guarantees by both parties regarding capacity and authority

14. Liability and Indemnification: Allocation of risks and responsibilities between parties

15. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction