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Referral Contract
"I need a Referral Contract governed by Hong Kong law for my fintech company to receive client referrals from financial advisors, with a tiered commission structure and strict data privacy provisions, to be effective from March 2025."
1. Parties: Identification of the referrer and referee companies, including registered addresses and company numbers
2. Background: Context of the referral arrangement and brief description of the parties' businesses
3. Definitions and Interpretation: Key terms used throughout the agreement, including 'Referral', 'Referred Customer', 'Services', and 'Commission'
4. Appointment and Scope: Terms of appointment, exclusivity/non-exclusivity, and territorial scope of the referral arrangement
5. Referral Process: Detailed procedures for making and accepting referrals, including communication methods and timeframes
6. Commission Structure: Commission rates, calculation methods, payment terms, and conditions for commission eligibility
7. Obligations of the Referrer: Duties of the referring party, including quality of referrals and compliance with laws
8. Obligations of the Referee: Responsibilities in handling referrals and maintaining service standards
9. Compliance and Data Protection: Obligations regarding data privacy, anti-corruption, and regulatory compliance
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Confidentiality: Protection of confidential information exchanged during the referral process
12. General Provisions: Standard clauses including governing law, notices, and entire agreement
1. Service Levels: Specific performance metrics and standards, used when referrals require specific quality or timing commitments
2. Training and Support: Include when the referrer needs training on products/services they're referring
3. Marketing and Branding: Guidelines for using each party's brands and marketing materials, important for customer-facing referrals
4. Non-Compete: Restrictions on competing activities, used in exclusive or high-value referral arrangements
5. Audit Rights: Rights to audit referral records, important for high-volume or high-value arrangements
6. Insurance Requirements: Specific insurance obligations, needed for regulated industries or high-risk referrals
7. Dispute Resolution: Specific dispute resolution procedures, useful for international arrangements or high-value contracts
1. Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods
2. Referral Process Flowchart: Visual representation of the referral workflow and approval process
3. Required Customer Information: Template or list of required information for valid referrals
4. Service Description: Detailed description of services/products eligible for referral
5. Data Processing Requirements: Specific procedures for handling personal data in compliance with PDPO
6. Reporting Templates: Standard formats for referral tracking and commission reporting
Authors
Financial Services
Professional Services
Insurance
Real Estate
Technology
Healthcare
Education
Consulting
Legal Services
Banking
Wealth Management
Telecommunications
Legal
Compliance
Business Development
Sales
Operations
Commercial
Marketing
Partnership Management
Account Management
Risk Management
Business Development Manager
Partnership Manager
Legal Counsel
Compliance Officer
Sales Director
Channel Manager
Chief Commercial Officer
Relationship Manager
Operations Manager
Commercial Director
Marketing Director
Agency Manager
Head of Business Development
Chief Executive Officer
Managing Director
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