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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."
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.
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
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
Technology
Financial Services
Professional Services
E-commerce
Real Estate
Healthcare
Education
Telecommunications
Consulting
Retail
Software and SaaS
Insurance
Business Development
Marketing
Sales
Legal
Compliance
Partner Relations
Revenue Operations
Account Management
Channel Sales
Commercial Operations
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
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