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Referral Agreement And Commission Agreement Template for Netherlands

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Key Requirements PROMPT example:

Referral Agreement And Commission Agreement

"I need a Referral Agreement And Commission Agreement under Dutch law for my IT consulting firm to establish a network of independent consultants who will refer clients to us, with a 15% commission structure and quarterly payments."

Document background
The Referral Agreement And Commission Agreement is essential for businesses operating in the Netherlands that wish to expand their market reach through partner networks. This document is particularly relevant when companies want to formalize arrangements where third parties introduce potential clients or business opportunities in exchange for commission-based compensation. The agreement needs to comply with Dutch civil law, particularly the Dutch Civil Code (Burgerlijk Wetboek) provisions on commercial agency and commission structures, as well as relevant EU regulations such as GDPR. It's commonly used in various sectors including financial services, technology, and professional services, where referral networks are vital for business growth. The agreement should address specific Dutch legal requirements regarding commission payments, commercial agency protections, and data privacy obligations.
Suggested Sections

1. Parties: Identification and details of the principal and referral partner

2. Background: Context of the agreement and business relationship

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Terms of appointment and territorial/product scope

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

6. Commission Structure: Calculation methodology and rates of commission

7. Payment Terms: Timing, method, and currency of commission payments

8. Obligations of Principal: Principal's duties and responsibilities

9. Obligations of Referral Partner: Referral partner's duties and responsibilities

10. Reporting and Administration: Requirements for tracking and reporting referrals

11. Intellectual Property: Usage rights of trademarks and marketing materials

12. Confidentiality: Protection of confidential information

13. Data Protection: GDPR compliance and data handling requirements

14. Term and Termination: Duration and termination provisions

15. General Provisions: Standard legal clauses including governing law

Optional Sections

1. Non-Compete: Restrictions on competing activities, used when protecting market position

2. Marketing and Promotion: Guidelines for marketing activities, included when referral partner will conduct marketing

3. Training and Support: Details of training provided, included when principal offers significant support

4. Service Levels: Performance metrics and standards, used in more sophisticated relationships

5. Audit Rights: Right to audit referral activities, included for high-value agreements

6. Insurance: Insurance requirements, included when referral activities carry significant risk

7. Minimum Performance Requirements: Performance targets, included when wanting to ensure active participation

8. Dispute Resolution: Specific dispute resolution procedures, included for international agreements

Suggested Schedules

1. Commission Rates: Detailed breakdown of commission rates by product/service type

2. Referral Territory: Detailed description of geographical territory or market segment

3. Approved Marketing Materials: List of approved marketing materials and usage guidelines

4. Reporting Templates: Standard forms for reporting referral activities

5. Product/Service Description: Detailed description of products/services covered by the agreement

6. Data Processing Agreement: Detailed GDPR-compliant data processing terms

7. Service Level Agreement: Detailed performance metrics and standards

8. Contact Details: Key contact persons and escalation procedures

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

Financial Services

Information Technology

Professional Services

Real Estate

Insurance

Consulting

Software and SaaS

Telecommunications

Healthcare

Education and Training

Business Services

Manufacturing

Retail

Relevant Teams

Legal

Sales

Business Development

Compliance

Finance

Partner Operations

Commercial Operations

Revenue Operations

Account Management

Channel Sales

Relevant Roles

Business Development Manager

Partner Manager

Channel Manager

Sales Director

Commercial Director

Legal Counsel

Compliance Officer

Chief Revenue Officer

Partnership Director

Account Manager

Business Development Representative

Sales Operations Manager

Channel Sales Manager

Alliance Manager

Chief Commercial 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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