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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."
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
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)
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
Financial Services
Information Technology
Professional Services
Real Estate
Insurance
Healthcare
Education
Management Consulting
Telecommunications
Software and SaaS
Legal Services
Business Services
Manufacturing
Retail
Legal
Sales
Business Development
Finance
Compliance
Operations
Partner Relations
Commercial
Marketing
Account Management
Revenue Operations
Contract Administration
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
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