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Referral Commission Agreement
"I need a Referral Commission Agreement for my technology consulting firm to engage marketing agencies in Malaysia, offering a 15% commission on successful client acquisitions, with quarterly payments and an initial term starting March 2025."
1. Parties: Identification of the referring party and the company paying the commission, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, brief description of the business relationship and purpose of the referral arrangement
3. Definitions: Key terms used in the agreement including 'Referral', 'Commission', 'Successful Referral', 'Customer', and other relevant terms
4. Appointment and Scope: Terms of appointment, territory/market coverage, and whether the appointment is exclusive or non-exclusive
5. Referral Process: Detailed procedure for making referrals, including method of introduction and documentation requirements
6. Commission Structure: Commission rates, calculation method, and qualifying criteria for commission payments
7. Payment Terms: Timeline for commission payments, payment method, currency, and any applicable taxes
8. Obligations of the Referring Party: Duties, responsibilities, and conduct requirements for the referring party
9. Obligations of the Company: Company's commitments regarding referral processing and commission payments
10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
11. Confidentiality: Protection of confidential information shared during the referral process
12. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for dispute resolution
13. General Provisions: Standard clauses including assignment, amendments, notices, and entire agreement
1. Non-Compete: Restrictions on referring party's ability to work with competitors, used when protecting market position is crucial
2. Data Protection: Specific obligations regarding personal data handling, required when referrals involve sharing personal information
3. Intellectual Property: Protection of trademarks and materials, needed when branding or proprietary materials are shared
4. Training and Support: Details of any training or support provided to the referring party, included when significant support is offered
5. Insurance: Insurance requirements for the referring party, included when referrals involve high-value transactions or regulated activities
6. Dispute Resolution: Alternative dispute resolution procedures, included when parties prefer mediation or arbitration over court proceedings
7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term arrangements
1. Commission Rates Schedule: Detailed breakdown of commission rates for different products/services or customer categories
2. Referral Process Workflow: Step-by-step guide and flowchart of the referral process
3. Required Documentation: Templates and forms required for making referrals
4. Territory Definition: Detailed description of geographical or market coverage, if applicable
5. Approved Marketing Materials: List of approved marketing materials and usage guidelines
6. Commission Calculation Examples: Examples showing how commissions are calculated in various scenarios
Authors
Financial Services
Real Estate
Information Technology
Professional Services
Insurance
Healthcare
Education
Telecommunications
Management Consulting
Business Services
Retail
Manufacturing
Legal
Finance
Business Development
Sales
Compliance
Operations
Commercial
Partner Relations
Marketing
Account Management
Contract Administration
Business Development Manager
Sales Director
Channel Partner Manager
Chief Executive Officer
Legal Counsel
Finance Manager
Compliance Officer
Partnership Manager
Marketing Director
Account Manager
Operations Manager
Commercial Director
Chief Financial Officer
Sales Operations Manager
Partner Relations Manager
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