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Referral Commission Agreement for Philippines

Referral Commission Agreement Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes and regulates a commission-based referral relationship between a company and a referral partner. The agreement outlines the terms for generating and compensating business referrals, including commission structures, payment terms, and compliance requirements under Philippine regulations. It addresses key aspects such as referral qualification criteria, commission calculations, payment schedules, and obligations of both parties while ensuring compliance with Philippine tax laws, data privacy requirements, and anti-corruption regulations.

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What is a Referral Commission Agreement?

The Referral Commission Agreement is essential for businesses operating in the Philippines that wish to formalize their referral partnerships and commission structures. This document is typically used when a company wants to incentivize third parties to refer customers or business opportunities, establishing clear terms for commission payments and referral processes. The agreement must comply with Philippine legal requirements, including the Civil Code's contract provisions, tax regulations for commission payments, data privacy laws, and anti-corruption statutes. It's particularly important in regulated industries where referral relationships need careful documentation and transparency. The agreement covers essential elements such as commission rates, payment terms, referral qualification criteria, and mutual obligations, while incorporating necessary safeguards and compliance measures specific to the Philippine business environment.

What sections should be included in a Referral Commission Agreement?

1. Parties: Identifies the parties to the agreement - the referrer/agent and the company receiving referrals

2. Background: Explains the context of the agreement and the parties' intentions to enter into a referral relationship

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

4. Appointment and Scope: Establishes the referrer's role, rights, and the territorial scope of the agreement

5. Referral Process: Details the process for making referrals, including requirements for valid referrals and acceptance criteria

6. Commission Structure: Outlines the commission rates, calculation method, and qualifying criteria for commission payments

7. Payment Terms: Specifies payment timing, method, currency, and any applicable tax withholding requirements

8. Obligations of the Referrer: Lists the referrer's duties, including compliance with laws and maintaining professional standards

9. Obligations of the Company: Details the company's responsibilities in processing referrals and supporting the referrer

10. Compliance with Laws: Addresses compliance with Philippine laws, including data privacy, tax, and anti-corruption requirements

11. Term and Termination: Specifies the agreement duration and grounds for termination

12. Confidentiality: Protects confidential information exchanged during the referral relationship

13. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement

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

1. Exclusivity: Used when the referrer is granted exclusive rights in specific territories or customer segments

2. Training and Support: Include when the company provides specific training or support materials to the referrer

3. Marketing and Branding: When the referrer needs rights to use company branding or must follow specific marketing guidelines

4. Performance Targets: Include if the agreement includes minimum performance requirements or targets

5. Insurance Requirements: Used in high-risk industries or when referrer must maintain specific insurance coverage

6. Non-Compete: When restrictions on competing activities are required during or after the agreement

7. Audit Rights: Include for arrangements with complex commission structures requiring verification

8. Data Protection: Detailed section needed when referral process involves significant personal data handling

What schedules should be included in a Referral Commission Agreement?

1. Commission Rate Schedule: Detailed breakdown of commission rates, tiers, and any variations based on product/service type

2. Referral Form Template: Standard form for submitting referrals including required information and format

3. Territories: If applicable, detailed list of geographical areas covered by the agreement

4. Approved Marketing Materials: Templates or guidelines for marketing and promotional materials

5. Commission Report Template: Standard format for periodic commission reporting and reconciliation

6. Data Processing Requirements: Detailed procedures for handling personal data in compliance with Philippine Data Privacy Act

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

Philippines

Publisher

Ƶ

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions































Clauses






























Relevant Industries

Financial Services

Real Estate

Insurance

Professional Services

Technology

Telecommunications

Healthcare

Education

Management Consulting

Business Process Outsourcing

Software and IT Services

Recruitment and HR Services

Relevant Teams

Legal

Business Development

Sales

Compliance

Finance

Tax

Partner Relations

Commercial Operations

Revenue Operations

Contract Administration

Relevant Roles

Business Development Manager

Sales Director

Channel Partner Manager

Affiliate Program Manager

Legal Counsel

Compliance Officer

Commercial Director

Partnership Manager

Chief Revenue Officer

Sales Operations Manager

Account Manager

Business Development Representative

Chief Financial Officer

Tax Manager

Contract Administrator

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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