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Referral Commission Agreement Template for Netherlands

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Key Requirements PROMPT example:

Referral Commission Agreement

"I need a Referral Commission Agreement for my software company based in Amsterdam, establishing an exclusive referral partnership with a technology consultancy firm, including tiered commission rates starting at 15% and specific requirements for GDPR compliance, to be effective from March 1, 2025."

Document background
The Referral Commission Agreement serves as a crucial legal framework for businesses operating in the Netherlands who wish to establish formal referral partnerships. This document is essential when a company wants to incentivize third parties to refer customers or business opportunities in exchange for commission-based compensation. It ensures compliance with Dutch civil law, financial regulations, and EU data protection requirements while protecting both parties' interests. The agreement typically includes detailed commission structures, qualification criteria for referrals, payment terms, and compliance requirements. It's particularly important in regulated industries where referral arrangements must meet specific legal requirements and in situations where significant commercial opportunities are being shared between parties. The document helps prevent disputes by clearly defining what constitutes a successful referral and establishing transparent commission calculation methods.
Suggested Sections

1. Parties: Identification and details of the principal company and the referrer

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Key terms used throughout the agreement including 'Successful Referral', 'Commission', 'Qualified Lead', etc.

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

5. Referral Process: Details of how referrals should be submitted, qualified, and tracked

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

7. Payment Terms: Timing of payments, invoicing requirements, and payment methods

8. Obligations of the Principal: Company's commitments regarding lead handling, reporting, and support

9. Obligations of the Referrer: Referrer's commitments regarding lead quality, compliance, and professional conduct

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Confidentiality: Protection of confidential information shared during the referral process

12. Data Protection: GDPR compliance and data handling requirements

13. Intellectual Property: Usage rights for trademarks, logos, and marketing materials

14. Governing Law and Jurisdiction: Specification of Dutch law application and jurisdiction

Optional Sections

1. Non-Compete: Restrictions on referrer's ability to work with competitors (include when exclusivity is required)

2. Training and Support: Details of any training or support provided by the principal (include for complex products/services)

3. Marketing Materials: Guidelines for use of marketing materials and approval processes (include when referrer will conduct marketing activities)

4. Audit Rights: Right to audit referral records (include for high-value or volume-based agreements)

5. Insurance Requirements: Specific insurance coverage requirements (include for regulated industries or high-risk activities)

6. Service Levels: Performance metrics and standards (include when specific performance targets are required)

7. Subcontracting: Rights and restrictions regarding subcontracting referral activities (include when relevant to business model)

8. Force Majeure: Provisions for unforeseen circumstances preventing performance (include for long-term agreements)

Suggested Schedules

1. Commission Rates Schedule: Detailed breakdown of commission rates for different products/services or customer types

2. Referral Process Workflow: Step-by-step process flow for handling referrals

3. Approved Marketing Materials: List or examples of approved marketing materials and messaging

4. Reporting Templates: Standard formats for referral tracking and commission reporting

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

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

7. Service Level Metrics: Detailed performance metrics and measurement methods

8. Contact Details: Key contact information for both parties 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







































Clauses



































Relevant Industries

Financial Services

Information Technology

Professional Services

Real Estate

Insurance

Healthcare

Education

Management Consulting

Telecommunications

Software and SaaS

Legal Services

Business Services

Manufacturing

Retail

Relevant Teams

Legal

Sales

Business Development

Finance

Compliance

Operations

Partner Relations

Commercial

Marketing

Account Management

Revenue Operations

Contract Administration

Relevant Roles

Business Development Manager

Sales Director

Channel Partner Manager

Legal Counsel

Commercial Director

Partnership Manager

Chief Revenue Officer

Sales Operations Manager

Compliance Officer

Finance Director

Marketing Director

Account Manager

Partner Success Manager

Chief Executive Officer

Business Owner

General Counsel

Contract Manager

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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