This Referral Partner Agreement is designed for use in the Irish market when businesses wish to establish formal referral relationships with partners who will recommend their products or services to potential customers. The agreement is particularly relevant in today's interconnected business environment where partner ecosystems are crucial for growth. It includes essential provisions required under Irish law, including GDPR compliance, competition law considerations, and consumer protection measures where applicable. The document covers all aspects of the referral relationship, from commission structures to operational procedures, while ensuring compliance with Irish regulatory requirements. It's suitable for various industries and can be customized based on specific business needs, whether for technology companies, professional services firms, or financial institutions.
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1. Parties: Identification of the contracting parties and their registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Appointment and Scope: Terms of appointment as referral partner and scope of authorized activities
5. Referral Process: Detailed process for making and accepting referrals
6. Obligations of Referral Partner: Key responsibilities and commitments of the referral partner
7. Obligations of Company: Key responsibilities and commitments of the company receiving referrals
8. Fees and Payment Terms: Structure of referral fees, payment process, and timing
9. Compliance and Training: Compliance requirements and any necessary training obligations
10. Data Protection: GDPR compliance and data handling requirements
11. Intellectual Property: Protection and usage rights of each party's IP
12. Confidentiality: Protection of confidential information and trade secrets
13. Term and Termination: Duration of agreement and termination provisions
14. Limitation of Liability: Limits on parties' liability and indemnification provisions
15. General Provisions: Standard boilerplate clauses including governing law, notices, etc.
1. Non-Solicitation: Restrictions on soliciting employees or customers, included when protecting customer relationships is crucial
2. Service Levels: Specific performance metrics and standards, included when quantifiable targets are required
3. Marketing and Promotion: Rules for marketing and promoting the referral relationship, included when public promotion is planned
4. Audit Rights: Rights to audit referral activities and payments, included for high-value or regulated relationships
5. Insurance Requirements: Specific insurance coverage requirements, included when referral activities carry significant risks
6. Regulatory Compliance: Additional regulatory requirements, included for regulated industries like financial services
7. Territory Restrictions: Geographic limitations on referral activities, included when territorial exclusivity is granted
1. Schedule 1 - Referral Fees: Detailed fee structure, commission rates, and calculation methods
2. Schedule 2 - Referral Process: Step-by-step procedures for making and processing referrals
3. Schedule 3 - Reporting Requirements: Format and frequency of referral activity reports
4. Schedule 4 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
5. Schedule 5 - Approved Marketing Materials: Pre-approved marketing content and usage guidelines
6. Appendix A - Contact Details: Key contact information for both parties
7. Appendix B - Service Description: Detailed description of services eligible for referral
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