The Referral Fee Agreement is essential for businesses and professionals operating in the Philippines who wish to formalize their referral relationships and ensure compliance with local laws. This document is particularly relevant when establishing business partnerships where one party refers clients or business opportunities to another in exchange for compensation. The agreement must comply with Philippine civil law, including the Civil Code of the Philippines and relevant commercial regulations, while addressing key aspects such as fee structures, payment terms, and obligations of both parties. It provides legal protection by clearly defining the referral relationship, establishing payment mechanisms, and ensuring transparency in business dealings. The document is commonly used across various industries where networking and business referrals are standard practices, from financial services to professional consulting.
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1. Parties: Identifies and provides full details of the referring party and the receiving party, including registration numbers and addresses
2. Background: Explains the context of the agreement, including the business purpose and the general nature of the referral arrangement
3. Definitions: Defines key terms used throughout the agreement, including 'Referral', 'Referral Fee', 'Successful Introduction', etc.
4. Referral Process: Details the specific procedure for making referrals, including notification requirements and documentation
5. Fee Structure: Specifies the amount or percentage of referral fees and the calculation method
6. Payment Terms: Outlines when and how payments will be made, including payment timeline and method
7. Obligations of the Referring Party: Lists the responsibilities and commitments of the party making the referrals
8. Obligations of the Receiving Party: Details the responsibilities of the party receiving referrals, including service standards
9. Term and Termination: Specifies the duration of the agreement and conditions for termination
10. Confidentiality: Addresses the handling of confidential information shared during the referral process
11. Data Protection: Ensures compliance with Philippine Data Privacy Act requirements
12. Governing Law and Jurisdiction: Specifies Philippine law as governing law and defines jurisdiction for disputes
13. General Provisions: Includes standard clauses like entire agreement, amendments, and notices
1. Non-Compete: Restricts parties from competing activities; include when protecting business interests is crucial
2. Exclusivity: Establishes exclusive referral rights; include when parties agree to work exclusively
3. Insurance Requirements: Specifies required insurance coverage; include for high-risk or regulated industries
4. Marketing and Promotion: Details allowed marketing practices; include when referral partner will actively promote services
5. Dispute Resolution: Specifies mediation or arbitration procedures; include for high-value agreements
6. Force Majeure: Addresses unforeseen circumstances; include when service continuity is critical
7. Regulatory Compliance: Details specific regulatory requirements; include for regulated industries or professions
1. Schedule 1 - Fee Schedule: Detailed breakdown of referral fees, including any tiered structures or special rates
2. Schedule 2 - Referral Process Flow: Step-by-step diagram or description of the referral process
3. Schedule 3 - Approved Marketing Materials: Templates or guidelines for marketing and promotional materials
4. Appendix A - Referral Report Template: Standard format for documenting and reporting referrals
5. Appendix B - Contact Details: List of key contacts and escalation procedures for both parties
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Real Estate
Professional Services
Healthcare
Insurance
Technology
Education
Consulting
Legal Services
Digital Marketing
Telecommunications
Banking
Relevant Teams
Legal
Business Development
Sales
Compliance
Finance
Operations
Commercial
Partnerships
Marketing
Account Management
Relevant Roles
Business Development Manager
Sales Director
Partnership Manager
Legal Counsel
Compliance Officer
Account Executive
Marketing Director
Channel Manager
Chief Executive Officer
Operations Manager
Commercial Director
Relationship Manager
Business Owner
Managing Partner
Chief Financial Officer
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