The Lead Referral Agreement is essential for businesses operating in India who wish to formalize their referral partnerships and expand their customer base through structured referral programs. This document is particularly relevant in today's interconnected business environment where companies increasingly rely on partner networks for growth. The agreement ensures compliance with Indian legal requirements, including the Indian Contract Act, 1872, data protection regulations, and tax laws. It provides a framework for managing referral relationships, establishing clear criteria for qualified leads, defining compensation structures, and protecting both parties' interests. The document is commonly used when establishing new business development channels, creating sales partnerships, or implementing formal referral programs.
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1. Parties: Identification and details of the referring party and the receiving company
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms including 'Lead', 'Qualified Lead', 'Referral Fee', etc.
4. Appointment and Scope: Terms of appointment and scope of referral services
5. Lead Qualification Criteria: Detailed criteria for what constitutes an acceptable lead
6. Referral Process: Step-by-step process for lead submission and acceptance
7. Referral Fee and Payment Terms: Fee structure, payment conditions, and payment timeline
8. Obligations of the Referrer: Responsibilities and commitments of the referring party
9. Obligations of the Company: Responsibilities and commitments of the receiving company
10. Data Protection and Confidentiality: Terms regarding handling of lead information and confidential data
11. Representations and Warranties: Basic warranties from both parties about their capacity and authority
12. Term and Termination: Duration of agreement and termination provisions
13. General Provisions: Standard boilerplate clauses including notices, governing law, etc.
1. Non-Solicitation: Prevents parties from soliciting each other's employees or clients, used when there's significant business overlap
2. Exclusivity: Restricts referrer from providing similar services to competitors, used in strategic partnerships
3. Audit Rights: Allows company to audit referrer's records, used in high-value or volume-based arrangements
4. Marketing and Branding: Guidelines for using company's brand in referral activities, used when referrer will actively market the company
5. Training and Support: Details of any training or support provided by company to referrer, used in complex product/service scenarios
6. Dispute Resolution: Specific dispute resolution procedures, used in high-value agreements or cross-border arrangements
7. Insurance Requirements: Specific insurance coverage requirements, used in regulated industries or high-risk scenarios
1. Schedule 1 - Lead Qualification Criteria: Detailed specifications of what constitutes a qualified lead
2. Schedule 2 - Fee Structure: Detailed breakdown of referral fees, commission tiers, and bonus structures
3. Schedule 3 - Lead Submission Form: Template form for submitting lead information
4. Schedule 4 - Reporting Format: Template for periodic reporting of leads and tracking
5. Appendix A - Data Protection Requirements: Specific procedures for handling personal data in compliance with regulations
6. Appendix B - Service Level Agreement: Timeline and quality metrics for lead processing and feedback
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