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Referral Fee Agreement for New Zealand

Referral Fee Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions under which one party will refer clients or business opportunities to another party in exchange for specified fees. The document outlines the referral process, fee structure, payment terms, obligations of both parties, and compliance requirements with relevant New Zealand regulations. It includes provisions for confidentiality, term and termination, and dispute resolution, while ensuring compliance with New Zealand's Fair Trading Act and industry-specific regulations.

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What is a Referral Fee Agreement?

This Referral Fee Agreement is designed for use in New Zealand business contexts where formal arrangements for client or business referrals need to be established with clear financial compensation terms. The agreement is particularly relevant when businesses or individuals wish to create systematic referral relationships with defined fee structures and payment terms. It provides a legal framework compliant with New Zealand law for managing referral relationships, including necessary provisions for regulatory compliance, especially in regulated industries such as financial services or real estate. The document is essential for protecting both parties' interests, ensuring transparency in referral arrangements, and maintaining compliance with relevant legislation such as the Fair Trading Act 1986 and industry-specific regulations.

What sections should be included in a Referral Fee Agreement?

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

2. Background: Explains the context and purpose of the agreement, including the nature of the referral relationship

3. Definitions: Defines key terms used throughout the agreement

4. Referral Arrangement: Details the specific services or products for which referrals will be made and the process for making referrals

5. Fee Structure: Specifies the referral fees, calculation method, and payment terms

6. Payment Terms: Outlines when and how payments will be made, including invoicing requirements and payment methods

7. Obligations of Referrer: Lists the responsibilities and commitments of the party making the referrals

8. Obligations of Recipient: Details the responsibilities of the party receiving the referrals

9. Term and Termination: Specifies the duration of the agreement and circumstances for termination

10. Confidentiality: Addresses the handling of confidential information shared between parties

11. General Provisions: Standard contract clauses including governing law, notices, and entire agreement

What sections are optional to include in a Referral Fee Agreement?

1. Compliance with Laws: Specific section addressing compliance with relevant regulations - include when dealing with regulated industries like financial services or real estate

2. Non-Solicitation: Prevents parties from directly soliciting each other's clients - include when protecting established client relationships is crucial

3. Exclusivity: Establishes whether the referral arrangement is exclusive - include when parties want to restrict referrals to other providers

4. Marketing and Promotion: Guidelines for how the referral relationship can be marketed - include when public promotion of the relationship is intended

5. Reporting Requirements: Details specific reporting obligations - include when tracking and reporting of referrals is important for compliance or commercial reasons

6. Dispute Resolution: Specific procedures for resolving disputes - include when parties want to specify mediation or arbitration processes

7. Insurance Requirements: Specifies required insurance coverage - include when referrals involve high-value transactions or regulated activities

8. Data Protection: Detailed provisions for handling personal data - include when referrals involve sharing significant personal information

What schedules should be included in a Referral Fee Agreement?

1. Fee Schedule: Detailed breakdown of fee structures, including any variable rates or special conditions

2. Referral Process: Step-by-step procedure for making and processing referrals

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

4. Service Level Agreement: Specific performance metrics and service standards

5. Compliance Checklist: List of regulatory requirements and compliance procedures

6. Contact Details: Key contacts and communication protocols 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

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions























Clauses




























Relevant Industries

Professional Services

Real Estate

Financial Services

Information Technology

Healthcare

Legal Services

Business Consulting

Insurance

Education

Property Management

Relevant Teams

Business Development

Legal

Compliance

Sales

Partner Relations

Marketing

Account Management

Executive Leadership

Operations

Finance

Relevant Roles

Business Development Manager

Sales Director

Partner Relations Manager

Chief Executive Officer

Managing Director

Legal Counsel

Compliance Officer

Marketing Manager

Account Manager

Business Owner

Real Estate Agent

Financial Advisor

Partnership Manager

Channel Manager

Business Consultant

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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