The Referral Fee Agreement is essential for businesses and professionals operating in South Africa who wish to formalize arrangements where one party refers clients or customers to another for a fee. This document is particularly crucial given South Africa's robust regulatory environment, including specific requirements under FAIS for financial services referrals, POPIA for data protection, and the Consumer Protection Act. The agreement typically details the referral process, fee structure, payment terms, and compliance obligations. It's commonly used in various sectors including financial services, real estate, and professional services, where referral networks are valuable business development tools. The document should be customized based on the specific industry requirements and whether the referral arrangement involves regulated activities.
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1. Parties: Identifies and provides full details of the referring party and the recipient party
2. Background: Explains the context of the agreement and the parties' intention to enter into a referral arrangement
3. Definitions: Defines key terms used throughout the agreement, including 'Referral', 'Referral Fee', 'Successful Referral', etc.
4. Appointment and Scope: Establishes the non-exclusive nature of the referral relationship and scope of referral services
5. Referral Process: Details the mechanism and procedure for making and tracking referrals
6. Referral Fee Structure: Specifies the fee calculation method, payment terms, and conditions for fee eligibility
7. Obligations of the Referring Party: Lists the responsibilities and commitments of the party making the referrals
8. Obligations of the Recipient Party: Details the responsibilities of the party receiving referrals, including service standards
9. Compliance Requirements: Addresses regulatory compliance, including FICA, POPIA, and consumer protection requirements
10. Representations and Warranties: Contains standard warranties about capacity to contract and compliance with laws
11. Confidentiality: Governs the treatment of confidential information shared between parties
12. Duration and Termination: Specifies the term of the agreement and termination provisions
13. General Provisions: Contains standard legal clauses including notices, governing law, and dispute resolution
1. Non-Solicitation: Prevents parties from directly soliciting each other's clients or employees - used in competitive industries
2. Marketing and Branding: Governs use of trademarks and marketing materials - relevant when public promotion is involved
3. Training and Support: Details any training or support provided to the referring party - used in complex service arrangements
4. Performance Targets: Sets minimum referral targets - used in volume-based arrangements
5. Audit Rights: Grants rights to audit referral tracking and payments - used in high-value arrangements
6. International Payments: Addresses cross-border payment requirements - used for international referral arrangements
7. Data Protection Specifics: Detailed POPIA compliance procedures - used when significant personal data is involved
1. Schedule 1 - Fee Structure: Detailed breakdown of referral fee calculations and payment tiers
2. Schedule 2 - Referral Process Flow: Step-by-step process flow for making and tracking referrals
3. Schedule 3 - Required Information: Lists required information to be provided with each referral
4. Appendix A - Reporting Template: Standard template for monthly/quarterly referral reporting
5. Appendix B - Compliance Checklist: Checklist of regulatory compliance requirements
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Real Estate
Insurance
Professional Services
Healthcare
Technology
Consulting
Legal Services
Property Development
Education
Recruitment
Business Services
Relevant Teams
Legal
Compliance
Business Development
Sales
Partnerships
Operations
Commercial
Finance
Risk Management
Marketing
Relevant Roles
Business Development Manager
Sales Director
Partnership Manager
Legal Counsel
Compliance Officer
Financial Advisor
Real Estate Agent
Insurance Broker
Managing Director
Operations Manager
Commercial Director
Chief Executive Officer
Business Consultant
Channel Manager
Affiliate Manager
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