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Buyer Referral Agreement Template for England and Wales

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Key Requirements PROMPT example:

Buyer Referral Agreement

"I need a Buyer Referral Agreement for my software company to establish a network of independent sales agents who will refer enterprise clients to us, with a tiered commission structure and exclusive territories in the UK, starting from January 2025."

Document background
The Buyer Referral Agreement is essential for businesses seeking to expand their customer base through formal referral partnerships. This contract type defines the commercial relationship between parties, establishing clear guidelines for referral processes, compensation structures, and mutual obligations. Under English and Welsh law, it incorporates necessary compliance elements including data protection, consumer rights, and financial services regulations where applicable. The agreement is particularly valuable for businesses looking to leverage external networks for growth while maintaining legal compliance and protecting all parties' interests.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names and addresses

2. Background: Context of the agreement and brief description of the referral arrangement

3. Definitions: Key terms used throughout the agreement

4. Referral Process: Detailed description of how referrals will be made and handled

5. Compensation: Terms of payment, commission structure, and payment schedule

6. Obligations of Parties: Specific duties and responsibilities of each party

7. Term and Termination: Duration of agreement and circumstances for termination

8. Confidentiality: Protection of confidential information

9. Data Protection: Compliance with GDPR and data protection laws

10. General Provisions: Standard boilerplate clauses including governing law

Optional Sections

1. Non-Compete: Restrictions on competitive activities - used when protecting market position is crucial

2. Service Levels: Specific performance metrics and standards - used when quality metrics are important

3. Insurance: Required insurance coverage - used when high-value transactions are involved

4. Intellectual Property: IP rights and usage - used when branded materials or proprietary systems are involved

5. Marketing Guidelines: Rules for promotional activities - used when referrer will actively market services

Suggested Schedules

1. Commission Structure: Detailed breakdown of commission rates and tiers

2. Referral Process Flowchart: Visual representation of the referral process

3. Data Processing Agreement: Detailed terms for handling personal data

4. Service Territory: Geographic areas covered by the agreement

5. Reporting Templates: Standard forms for tracking and reporting referrals

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions









































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Relevant Industries
Relevant Teams
Relevant Roles
Industries

UK GDPR and Data Protection Act 2018: Key legislation governing how personal data must be handled, processed, and protected in referral arrangements, including requirements for data sharing agreements and privacy notices

Privacy and Electronic Communications Regulations (PECR): Regulations governing electronic communications, particularly relevant for digital referral processes and electronic marketing communications

Consumer Rights Act 2015: Primary consumer protection legislation that ensures fairness in business-to-consumer contracts and transparency in terms and conditions

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices between traders and consumers, including misleading actions or omissions in referral arrangements

Business Protection from Misleading Marketing Regulations 2008: Regulates business-to-business marketing practices and prohibits misleading advertising in referral schemes

Contracts (Rights of Third Parties) Act 1999: Governs how third parties may enforce terms of contracts, particularly relevant in referral relationships where benefits flow to third parties

Unfair Contract Terms Act 1977: Controls the use of exclusion and limitation clauses in contracts, ensuring fairness in business relationships

Financial Services and Markets Act 2000: Regulates financial services activities, including referral arrangements involving regulated financial products or services

Competition Act 1998: Ensures referral arrangements do not create anti-competitive practices or market distortions

Enterprise Act 2002: Provides framework for fair trading and competition, including provisions affecting business relationships and market conduct

Electronic Commerce (EC Directive) Regulations 2002: Governs electronic commerce activities, including online referral systems and digital business processes

Bribery Act 2010: Regulates payment of referral fees and commissions to ensure they don't constitute illegal inducements or bribes

Commercial Agents Regulations 1993: Protects commercial agents and regulates principal-agent relationships in ongoing business arrangements

Money Laundering Regulations 2017: Sets requirements for due diligence and financial transparency in business relationships involving monetary transactions

Common Law Contract Principles: Fundamental principles of contract formation including offer, acceptance, consideration, and intention to create legal relations

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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