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Commercial Referral Fee Agreement Template for Philippines

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Key Requirements PROMPT example:

Commercial Referral Fee Agreement

"I need a Commercial Referral Fee Agreement for my technology consulting firm in Manila, where we'll pay a 10% commission to business partners who refer clients to us, with a focus on data privacy compliance and quarterly payments."

Document background
The Commercial Referral Fee Agreement is essential for businesses operating in the Philippines who wish to formalize their referral relationships and ensure compliance with local laws. This document is commonly used when one party agrees to refer potential clients or business opportunities to another party in exchange for compensation. The agreement needs to comply with Philippine commercial law, including the Civil Code of the Philippines, tax regulations, and industry-specific requirements. It typically includes detailed provisions on the referral process, fee calculations, payment terms, confidentiality obligations, and compliance with anti-corruption laws. The document is particularly important in regulated industries where referral arrangements must be transparent and properly documented. The agreement should be structured to protect both parties' interests while ensuring alignment with Philippine legal requirements regarding commercial relationships and fee-based arrangements.
Suggested Sections

1. Parties: Identifies and provides details of the referring party and the recipient of referrals, including their legal names, addresses, and company registration details

2. Background: Explains the context of the agreement, including the nature of the businesses involved and the purpose of the referral arrangement

3. Definitions: Defines key terms used throughout the agreement, including 'Referral', 'Referral Fee', 'Successful Referral', and other relevant terms

4. Scope of Referral Services: Details the specific products, services, or opportunities that are subject to the referral arrangement

5. Referral Process: Outlines the procedure for making and tracking referrals, including notification requirements and documentation

6. Referral Fee Structure: Specifies the amount or percentage of referral fees and the basis for calculation

7. Payment Terms: Details the timing, method, and conditions for payment of referral fees, including any tax considerations

8. Obligations of Parties: Lists the specific duties and responsibilities of both the referring party and the recipient

9. Term and Termination: Specifies the duration of the agreement and conditions for termination

10. Confidentiality: Addresses the protection of confidential information shared during the referral process

11. Representations and Warranties: Contains basic warranties about the parties' authority to enter into the agreement and comply with its terms

12. Governing Law and Jurisdiction: Specifies that Philippine law governs the agreement and establishes jurisdiction for dispute resolution

Optional Sections

1. Non-Solicitation: Prevents parties from directly soliciting each other's employees or clients - include when there's significant risk of poaching

2. Intellectual Property Rights: Addresses the use of trademarks, logos, and other IP in the referral process - include when branding and marketing materials are involved

3. Data Protection: Details compliance with data privacy laws - include when personal data will be shared as part of referrals

4. Anti-Corruption Compliance: Includes specific anti-bribery and corruption provisions - include when dealing with government contracts or high-risk industries

5. Exclusivity: Establishes whether the referral arrangement is exclusive - include when exclusivity is part of the business arrangement

6. Training and Support: Outlines any training or support provided for the referral process - include for complex products or services

7. Insurance Requirements: Specifies required insurance coverage - include for high-value or high-risk referrals

8. Dispute Resolution: Details specific dispute resolution procedures - include for high-value agreements or when arbitration is preferred

Suggested Schedules

1. Schedule A - Fee Structure: Detailed breakdown of referral fees for different products/services, including any tiered commission structures

2. Schedule B - Referral Reporting Template: Standard format for reporting and tracking referrals

3. Schedule C - Approved Marketing Materials: List of approved marketing materials and guidelines for their use

4. Schedule D - Service Level Agreement: Specific performance metrics and service levels for handling referrals

5. Appendix 1 - Contact Details: Key contact persons and their details for both parties

6. Appendix 2 - Compliance Requirements: Specific regulatory or compliance requirements applicable to the referral arrangement

Authors

Alex Denne

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

Relevant legal definitions


































Clauses



































Relevant Industries

Financial Services

Real Estate

Insurance

Technology

Professional Services

Healthcare

Education

Telecommunications

Retail

Manufacturing

Construction

Business Process Outsourcing

Consulting

Tourism and Hospitality

Relevant Teams

Legal

Sales

Business Development

Compliance

Finance

Operations

Marketing

Partnerships

Account Management

Commercial Operations

Relevant Roles

Business Development Manager

Sales Director

Channel Partner Manager

Chief Executive Officer

Commercial Director

Legal Counsel

Compliance Officer

Finance Manager

Operations Manager

Partnership Manager

Account Executive

Marketing Director

Regional Sales Manager

Business Unit Head

Relationship 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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