The Software Referral Agreement is essential for businesses looking to expand their software sales through partner channels in the United States. This document defines the relationship between software providers and their referral partners, establishing clear guidelines for lead generation, commission payments, and mutual obligations. The agreement ensures compliance with U.S. federal and state regulations while protecting both parties' interests in areas such as data privacy, intellectual property, and commercial terms. It's particularly important for software companies implementing partner programs or expanding their sales networks through referral channels.
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1. Parties: Identification of the referral partner and software company, including legal names and addresses
2. Background: Context of the agreement and brief description of the software product/service
3. Definitions: Key terms used throughout the agreement including 'Referral', 'Qualified Lead', 'Commission', etc.
4. Appointment and Scope: Terms of appointment and scope of referral services
5. Commission Structure: Details of commission rates, calculation methods, and payment terms
6. Obligations of Parties: Responsibilities and commitments of both parties
7. Term and Termination: Duration of agreement and termination provisions
8. Confidentiality: Protection of confidential information
9. Governing Law: Applicable jurisdiction and dispute resolution
1. Non-Competition: Restrictions on competing activities - used when exclusivity or competition restrictions are required
2. Data Protection: Specific data handling requirements - used when personal data processing is involved
3. Marketing Guidelines: Rules for marketing and promotion - used when referral partner will conduct marketing activities
4. Training and Support: Details of training provided - used when referral partner requires product training
1. Commission Schedule: Detailed breakdown of commission rates and tiers
2. Product Description: Technical specifications and features of the software
3. Lead Qualification Criteria: Criteria for qualifying leads and commission eligibility
4. Reporting Templates: Standard forms for lead reporting and commission calculations
Relevant legal definitions
Clauses
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