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Referral Partner Agreement

Referral Partner Agreement Template for South Africa

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Key Requirements PROMPT example:

Referral Partner Agreement

"I need a Referral Partner Agreement for my South African IT consulting company that will allow partners to refer enterprise clients to us, with a tiered commission structure and strong data protection clauses to ensure POPIA compliance."

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Document background
The Referral Partner Agreement is designed for businesses operating in South Africa who wish to formalize relationships with partners who will refer potential clients or business opportunities. This document is essential when establishing a structured referral program, particularly in regulated industries or when handling personal information subject to POPIA. It provides a comprehensive framework for managing referral relationships, including detailed commission structures, compliance requirements, and operational procedures. The agreement is specifically tailored to meet South African legal requirements while protecting both the principal company's interests and the referral partner's rights. It's commonly used when businesses want to expand their market reach through partner networks while maintaining control over their brand and service quality.
Suggested Sections

1. Parties: Identifies the contracting parties - the company seeking referrals and the referral partner

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 'Referral', 'Qualified Lead', 'Commission', etc.

4. Appointment and Scope: Establishes the referral partner's appointment and defines the scope of their referral activities

5. Referral Process: Details the process for making referrals, including lead qualification criteria and submission procedures

6. Commission Structure: Outlines the commission rates, calculation methods, and payment terms

7. Obligations of the Parties: Lists the specific duties and responsibilities of both parties

8. Compliance Requirements: Addresses compliance with relevant laws, including POPIA and consumer protection requirements

9. Confidentiality: Protects confidential information shared between the parties

10. Intellectual Property: Governs the use of trademarks, logos, and other IP in the referral relationship

11. Term and Termination: Specifies the duration of the agreement and termination provisions

12. General Provisions: Standard legal clauses including notices, governing law, and dispute resolution

Optional Sections

1. Non-Solicitation: Prevents parties from soliciting each other's employees or clients - include when protecting against poaching is important

2. Marketing Guidelines: Specifies rules for marketing and promotion - include when the partner will actively market the company's services

3. Training and Support: Details any training or support provided to the referral partner - include when complex products/services are involved

4. Performance Targets: Sets minimum referral targets - include when wanting to ensure partner activity levels

5. Territory Restrictions: Defines geographical limitations - include when territory exclusivity is granted

6. Sub-Referral Partners: Governs the appointment of sub-referral partners - include when allowing downstream referral relationships

7. Insurance Requirements: Specifies required insurance coverage - include for high-risk or regulated industries

Suggested Schedules

1. Commission Rates Schedule: Detailed breakdown of commission rates for different products/services

2. Referral Process Workflow: Step-by-step guide of the referral process including forms and procedures

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

4. Data Processing Terms: Detailed POPIA compliance requirements and data processing procedures

5. Service Level Agreement: Performance metrics and response time requirements

6. Territory Map: Geographical boundaries if territory restrictions apply

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions































Clauses



































Relevant Industries

Financial Services

Information Technology

Professional Services

Real Estate

Insurance

Healthcare

Education

Telecommunications

Consulting

Manufacturing

Retail

Legal Services

Relevant Teams

Legal

Business Development

Sales

Compliance

Finance

Operations

Marketing

Partner Relations

Commercial

Risk Management

Relevant Roles

Business Development Manager

Sales Director

Channel Partner Manager

Legal Counsel

Compliance Officer

Chief Revenue Officer

Partnership Manager

Commercial Director

Marketing Manager

Operations Manager

Chief Executive Officer

Contract Manager

Account Manager

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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