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Software Referral Agreement
"I need a Software Referral Agreement under Philippine law for my cloud security software company, establishing an exclusive referral partnership with a Singapore-based IT consultancy firm, with the agreement to commence on March 1, 2025."
1. Parties: Identifies and provides complete details of the parties entering into the agreement - the Software Company and the Referrer
2. Background: Explains the context of the agreement, including the software product/service and the purpose of the referral relationship
3. Definitions: Defines key terms used throughout the agreement, including 'Qualified Referral', 'Successful Sale', 'Referral Fee', etc.
4. Appointment and Scope: Details the appointment of the referrer and the scope of their referral rights
5. Referral Process: Outlines the specific procedures for making and tracking referrals
6. Referral Fees and Payment Terms: Specifies the fee structure, calculation method, payment schedule, and payment methods
7. Obligations of the Referrer: Lists the referrer's responsibilities, including ethical conduct and compliance with laws
8. Obligations of the Company: Details the company's commitments regarding processing referrals and supporting the referrer
9. Intellectual Property Rights: Addresses the usage of trademarks, logos, and other IP in the referral process
10. Confidentiality: Defines confidential information and obligations regarding its protection
11. Term and Termination: Specifies the agreement duration and conditions for termination
12. Data Protection: Ensures compliance with Philippine Data Privacy Act and data handling procedures
13. General Provisions: Includes standard clauses like notices, amendments, governing law, etc.
1. Non-Compete: Restricts the referrer from promoting competing software products - used when exclusivity is required
2. Training and Support: Details any training or support provided to the referrer - included when the company offers specific support programs
3. Marketing Materials: Specifies rules for using marketing materials - included when the company provides marketing resources
4. Performance Targets: Sets minimum referral targets - used when specific performance levels are required
5. Dispute Resolution: Details specific dispute resolution procedures - included when parties want to specify mediation or arbitration processes
6. Insurance Requirements: Specifies required insurance coverage - used when referrer needs specific insurance
7. Compliance with Anti-Corruption Laws: Added when dealing with government clients or high-risk sectors
1. Schedule A - Referral Fee Structure: Detailed breakdown of fee calculations, tiers, and special rates
2. Schedule B - Referral Process Workflow: Step-by-step process flow for making and tracking referrals
3. Schedule C - Approved Marketing Materials: List of approved marketing materials and usage guidelines
4. Schedule D - Software Products/Services: Detailed description of products/services covered by the referral agreement
5. Appendix 1 - Referral Submission Form: Standard form for submitting referrals
6. Appendix 2 - Commission Report Template: Template for tracking and reporting referral commissions
Authors
Information Technology
Software Development
Business Process Outsourcing
Digital Marketing
Professional Services
Financial Services
Healthcare Technology
E-commerce
Educational Technology
Telecommunications
Legal
Sales
Business Development
Partner Relations
Compliance
Finance
Operations
Commercial
Partner Success
Contract Administration
Business Development Manager
Partner Relations Manager
Sales Director
Channel Manager
Legal Counsel
Compliance Officer
Chief Revenue Officer
Partnership Director
Account Executive
Sales Operations Manager
Contract Administrator
Chief Commercial Officer
Partner Success Manager
Business Development Representative
Channel Sales Executive
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