Referral Agreement

Referral Agreement Template for New Zealand

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Key Requirements PROMPT example:

"I need a Referral Agreement for my financial advisory firm to establish a referral arrangement with a mortgage broker in Auckland, with an exclusive territory arrangement and a 15% commission structure, to commence from March 2025."

Document background

This Referral Agreement template is designed for use in New Zealand business contexts where parties wish to establish a formal arrangement for referring business opportunities. The document is essential when one party intends to regularly refer customers or clients to another party in exchange for compensation. It provides a comprehensive framework compliant with New Zealand law, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Privacy Act 2020. The agreement covers crucial aspects such as referral mechanisms, fee structures, payment terms, confidentiality, data protection, and dispute resolution. It's particularly valuable for businesses in professional services, financial services, real estate, and other sectors where referral relationships are common. The Referral Agreement can be customized to accommodate various business models while ensuring regulatory compliance and protecting both parties' interests.

Suggested Sections

1. Parties: Identifies and provides full legal details of all parties to the agreement

2. Background: Explains the context and purpose of the referral arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Establishes the referral relationship and its scope

5. Referral Process: Details the specific procedures for making and tracking referrals

6. Fees and Payment Terms: Specifies referral fees, calculation methods, and payment terms

7. Obligations of Referrer: Lists specific duties and responsibilities of the referring party

8. Obligations of Recipient: Lists specific duties and responsibilities of the party receiving referrals

9. Privacy and Data Protection: Addresses handling of customer data and compliance with Privacy Act 2020

10. Confidentiality: Provisions for protecting confidential information

11. Term and Termination: Duration of agreement and termination provisions

12. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Non-Compete: Restrictions on competition, used when parties operate in similar industries

2. Marketing and Promotion: Guidelines for marketing the referral relationship, used when public promotion is intended

3. Service Levels: Specific performance metrics, used for more structured referral relationships

4. Audit Rights: Rights to audit referral tracking and payments, used in high-value arrangements

5. Insurance: Insurance requirements, used when referrals involve regulated activities or high-risk services

6. Dispute Resolution: Detailed dispute resolution procedures, used for high-value or complex arrangements

7. Anti-Money Laundering Compliance: AML/CFT compliance provisions, required if involving financial services or real estate

8. Regulatory Compliance: Industry-specific compliance requirements, used when referrals involve regulated industries

Suggested Schedules

1. Schedule 1 - Fee Schedule: Detailed breakdown of referral fees and commission structures

2. Schedule 2 - Referral Process: Detailed operational procedures for making and tracking referrals

3. Schedule 3 - Approved Marketing Materials: Templates or guidelines for marketing the referral relationship

4. Schedule 4 - Data Protection Requirements: Specific procedures for handling customer data and ensuring privacy compliance

5. Schedule 5 - Service Level Requirements: Detailed performance metrics and reporting requirements

6. Appendix A - Referral Report Template: Standard format for reporting and tracking referrals

7. Appendix B - Contact Details: Key contact information for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services

Real Estate

Professional Services

Insurance

Technology

Healthcare

Education

Consulting

Marketing and Advertising

Telecommunications

Legal Services

Business Services

Retail

Construction

Property Management

Relevant Teams

Legal

Business Development

Sales

Compliance

Operations

Commercial

Marketing

Finance

Partnership Management

Account Management

Risk Management

Customer Relations

Relevant Roles

Business Development Manager

Partnership Manager

Sales Director

Legal Counsel

Compliance Officer

Commercial Manager

Operations Manager

Channel Manager

Marketing Manager

Chief Executive Officer

Chief Operating Officer

Chief Commercial Officer

Account Manager

Relationship Manager

Business Analyst

Contract Administrator

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