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Marketing Referral Agreement
"I need a Marketing Referral Agreement for my software company based in Manila, establishing a straightforward referral program with individual IT consultants who will refer potential clients to us, with a basic 10% commission structure starting March 2025."
1. Parties: Identification of the referring party and the company receiving referrals
2. Background: Context of the agreement and brief description of both parties' business activities
3. Definitions: Key terms used throughout the agreement including 'Referral', 'Qualified Lead', 'Commission', etc.
4. Appointment and Scope: Terms of appointment and scope of referral services
5. Referral Process: Detailed process for making and tracking referrals
6. Commission Structure: Payment terms, commission rates, and calculation methods
7. Payment Terms: Timeline and method of commission payments
8. Obligations of the Referring Party: Duties and responsibilities of the party making referrals
9. Obligations of the Company: Duties and responsibilities of the party receiving referrals
10. Term and Termination: Duration of agreement and termination provisions
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: Compliance with Data Privacy Act and handling of personal information
13. Representations and Warranties: Standard warranties and representations by both parties
14. Governing Law and Jurisdiction: Philippine law as governing law and jurisdiction for disputes
1. Non-Compete: Restrictions on competing activities, used when referring party works with similar businesses
2. Intellectual Property: IP rights and usage terms, needed when branded materials are involved
3. Marketing Guidelines: Specific rules for marketing and promotional activities, used when referring party will create marketing materials
4. Training and Support: Details of any training provided, included when company offers support to referring party
5. Insurance Requirements: Insurance obligations, needed for high-value or regulated industries
6. Dispute Resolution: Alternative dispute resolution procedures, useful for international agreements
7. Force Majeure: Provisions for unforeseen circumstances, important in long-term agreements
8. Assignment: Rights to assign the agreement, needed when transfers might be contemplated
1. Schedule A - Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods
2. Schedule B - Referral Process Flow: Step-by-step process flow for making and tracking referrals
3. Schedule C - Approved Marketing Materials: Templates and guidelines for marketing materials
4. Schedule D - Service Level Agreement: Performance metrics and response time requirements
5. Schedule E - Data Processing Requirements: Detailed data handling and privacy protection procedures
6. Appendix 1 - Reporting Templates: Standard forms for referral tracking and commission reporting
7. Appendix 2 - Contact Information: Key contacts for both parties for various purposes
Authors
Financial Services
Technology
Real Estate
Insurance
Professional Services
Healthcare
Education
E-commerce
Telecommunications
Hospitality
Retail
Manufacturing
Business Services
Digital Marketing
Legal
Marketing
Sales
Business Development
Partnerships
Compliance
Operations
Finance
Customer Success
Account Management
Business Development Manager
Marketing Director
Sales Manager
Partnership Manager
Channel Manager
Legal Counsel
Compliance Officer
Marketing Coordinator
Sales Director
Chief Marketing Officer
Business Development Executive
Partnership Development Manager
Account Manager
Affiliate Manager
Operations Manager
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