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Commercial Referral Fee Agreement
"I need a Commercial Referral Fee Agreement for my software consulting company based in Ontario, where we'll pay 10% commission to business consultants who refer clients to us, with quarterly payments and a special focus on data protection clauses."
1. Parties: Identifies and provides full legal details of the referring party and the recipient party
2. Background: Sets out the context of the agreement and the parties' business relationship
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Referral Services: Describes the nature of referrals and how they will be made
5. Referral Process: Details the specific procedures for making and accepting referrals
6. Referral Fee Structure: Specifies the fees payable for successful referrals
7. Payment Terms: Outlines when and how referral fees will be paid
8. Obligations of Referring Party: Lists the responsibilities and commitments of the party making referrals
9. Obligations of Recipient Party: Lists the responsibilities and commitments of the party receiving referrals
10. Term and Termination: Specifies the duration of the agreement and termination provisions
11. Confidentiality: Covers the protection of confidential information shared between parties
12. Representations and Warranties: States the basic promises and assurances made by each party
13. Governing Law: Specifies that Canadian law governs the agreement and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, etc.
1. Non-Solicitation: Prevents parties from directly soliciting each other's clients or employees - include when there's significant client contact
2. Non-Competition: Restricts parties from competing in specific areas - include when sharing sensitive business information
3. Intellectual Property: Addresses ownership and use of IP - include when referrals involve branded materials or technology
4. Data Protection: Additional privacy and data handling requirements - include when sharing personal or sensitive data
5. Marketing and Promotion: Guidelines for how parties can market the referral relationship - include when public promotion is intended
6. Audit Rights: Rights to verify referral tracking and payments - include for high-volume or high-value referral arrangements
7. Insurance Requirements: Specific insurance coverage requirements - include for regulated industries or high-risk activities
8. Dispute Resolution: Alternative dispute resolution procedures - include for international or high-value agreements
1. Schedule A - Fee Schedule: Detailed breakdown of referral fees, including any tiered pricing or special rates
2. Schedule B - Referral Criteria: Specific criteria for qualified referrals and any exclusions
3. Schedule C - Reporting Template: Standard format for tracking and reporting referrals
4. Schedule D - Territory Definition: Geographic or market scope of the referral arrangement
5. Appendix 1 - Referral Process Workflow: Detailed step-by-step process for handling referrals
6. Appendix 2 - Compliance Requirements: Industry-specific compliance requirements and procedures
Authors
Professional Services
Technology
Real Estate
Financial Services
Insurance
Manufacturing
Consulting
Marketing and Advertising
Software and IT
Healthcare
Education
Construction
Retail
Distribution and Logistics
Legal
Business Development
Sales
Partnerships
Compliance
Finance
Operations
Commercial
Marketing
Strategy
Account Management
Business Development Manager
Sales Director
Partnership Manager
Chief Executive Officer
Chief Commercial Officer
Legal Counsel
Compliance Officer
Operations Manager
Channel Manager
Account Executive
Marketing Director
Strategic Alliance Manager
Business Unit Head
Regional Sales Manager
Chief Financial Officer
Relationship Manager
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