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Marketing Referral Agreement Template for India

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Key Requirements PROMPT example:

Marketing Referral Agreement

"I need a Marketing Referral Agreement for my SaaS company based in Bangalore, where we'll appoint multiple marketing agencies as non-exclusive referral partners with a tiered commission structure ranging from 10-20% based on deal size."

Document background
The Marketing Referral Agreement serves as a critical legal framework for businesses operating in India who wish to expand their market reach through formalized referral partnerships. This document is essential when companies want to establish clear terms for referral relationships, whether with individual marketers, agencies, or other businesses. The agreement encompasses key aspects such as commission structures, referral tracking mechanisms, marketing guidelines, and compliance requirements under Indian law. It's particularly relevant in today's digital economy where referral marketing has become a significant business development strategy. The document ensures compliance with Indian Contract Act requirements while addressing specific considerations related to marketing regulations, data protection, and digital commerce laws. Use this agreement when establishing new referral partnerships or formalizing existing arrangements to provide clear guidelines and protect both parties' interests.
Suggested Sections

1. Parties: Identifies and provides full details of the principal company and the referrer/marketing partner

2. Background: Contextual information explaining the purpose of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement, including 'Qualified Referral', 'Commission', 'Territory', etc.

4. Appointment and Scope: Establishes the referrer's role, territory, and whether the appointment is exclusive or non-exclusive

5. Referral Process: Details the mechanism for making and tracking referrals, including validation processes

6. Commission Structure: Specifies commission rates, calculation methods, and payment terms

7. Obligations of Principal: Sets out the principal company's responsibilities in handling referrals and supporting the referrer

8. Obligations of Referrer: Defines the referrer's duties, including marketing standards and compliance requirements

9. Intellectual Property: Governs the use of trademarks, logos, and marketing materials

10. Confidentiality: Protects confidential information exchanged during the relationship

11. Term and Termination: Specifies agreement duration and circumstances for termination

12. Post-Termination: Addresses obligations and commission payments after agreement ends

13. General Provisions: Standard legal clauses including notices, amendments, governing law, etc.

Optional Sections

1. Data Protection: Detailed section on handling personal data - required if referral process involves sharing customer data

2. Training and Support: Include when principal provides significant training or marketing support to referrer

3. Performance Targets: Sets minimum performance requirements - useful for significant referral partnerships

4. Marketing Guidelines: Detailed marketing rules and compliance requirements - important for regulated industries

5. Dispute Resolution: Specific dispute resolution procedures - recommended for high-value agreements

6. Non-Compete: Restrictions on referrer's competing activities - include if exclusivity is important

7. Insurance: Insurance requirements - important if referrer activities carry significant risks

8. Compliance with Anti-Corruption Laws: Detailed anti-corruption provisions - essential for international arrangements

Suggested Schedules

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

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

3. Approved Marketing Materials: List or samples of approved marketing content and guidelines

4. Territory Definition: Detailed description of geographical or market segment boundaries

5. Reporting Templates: Standard formats for referral tracking and commission reports

6. Service Level Agreement: Performance metrics and response time requirements

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



































Clauses




































Relevant Industries

Technology

Financial Services

Professional Services

E-commerce

Real Estate

Healthcare

Education

Telecommunications

Consulting

Retail

Software and SaaS

Insurance

Relevant Teams

Business Development

Marketing

Sales

Legal

Compliance

Partner Relations

Revenue Operations

Account Management

Channel Sales

Commercial Operations

Relevant Roles

Business Development Manager

Marketing Director

Channel Partner Manager

Sales Director

Chief Marketing Officer

Affiliate Marketing Manager

Partnership Manager

Legal Counsel

Compliance Officer

Business Development Executive

Marketing Coordinator

Sales Operations Manager

Account Manager

Chief Revenue Officer

Industries








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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