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Buyer Referral Agreement Template for South Africa

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Key Requirements PROMPT example:

Buyer Referral Agreement

"I need a Buyer Referral Agreement for my software company in South Africa that will be used with marketing agencies who refer enterprise clients to us, with a tiered commission structure and specific data protection clauses for handling customer information."

Document background
The Buyer Referral Agreement is essential for businesses operating in South Africa that wish to formalize their referral partnerships and establish clear guidelines for commission-based customer acquisition. This document is particularly relevant in today's interconnected business environment where referral marketing plays a crucial role in customer acquisition strategies. The agreement ensures compliance with South African legislation, including the Consumer Protection Act and POPIA, while protecting both the principal business and the referrer. It typically includes detailed provisions on referral processes, commission structures, payment terms, data protection, and confidentiality requirements. The document is designed to minimize potential disputes by clearly defining the scope of the referral relationship, qualification criteria for commissions, and payment terms while maintaining alignment with South African legal requirements and business practices.
Suggested Sections

1. Parties: Identification and details of the principal business and the referrer

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Definitions of key terms used throughout the agreement, including 'Referred Buyer', 'Qualifying Transaction', 'Referral Fee'

4. Appointment and Scope: Terms of referrer's appointment and scope of referral services

5. Referral Process: Detailed process for making and tracking referrals, including notification requirements

6. Referral Fee Structure: Details of commission rates, calculation methods, and payment terms

7. Obligations of the Referrer: Referrer's duties, responsibilities, and conduct requirements

8. Obligations of the Business: Business's commitments regarding referred buyers and payment processing

9. Data Protection and Privacy: POPIA compliance requirements and data handling procedures

10. Term and Termination: Duration of agreement and termination provisions

11. Confidentiality: Protection of confidential information and trade secrets

12. General Provisions: Standard legal clauses including governing law, notices, and entire agreement

Optional Sections

1. Non-Compete Clause: Restrictions on referrer's ability to refer to competitors, used when exclusivity is required

2. Marketing and Branding: Guidelines for using business's branding in referral activities, included when referrer will engage in marketing

3. Training and Support: Details of training provided to referrer, included when business offers comprehensive support

4. Dispute Resolution: Specific procedures for handling disputes, included for high-value or complex referral relationships

5. Insurance Requirements: Specific insurance obligations, included when referrer needs professional liability coverage

6. Compliance with Industry Regulations: Specific regulatory requirements, included when dealing with regulated industries like financial services or real estate

Suggested Schedules

1. Schedule 1 - Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods

2. Schedule 2 - Referral Process Flow: Step-by-step process flow for making and processing referrals

3. Schedule 3 - Approved Marketing Materials: Templates and guidelines for referral marketing materials

4. Appendix A - Referral Form Template: Standard form for submitting referral information

5. Appendix B - Data Protection Protocol: Detailed procedures for handling personal information in compliance with POPIA

6. Appendix C - Code of Conduct: Guidelines for ethical behavior and professional conduct in referral activities

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Real Estate

Financial Services

Professional Services

Retail

Technology

Healthcare

Education

Manufacturing

Automotive

Insurance

Tourism and Hospitality

Construction

Relevant Teams

Legal

Sales

Business Development

Marketing

Compliance

Finance

Operations

Partner Relations

Commercial

Relevant Roles

Business Development Manager

Sales Director

Marketing Manager

Channel Partner Manager

Referral Program Coordinator

Legal Counsel

Compliance Officer

Commercial Director

Partnership Manager

Chief Revenue Officer

Account Manager

Business Owner

Sales Operations Manager

Marketing Director

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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