The Referral Partnership Agreement serves as a crucial legal framework for businesses in India looking to expand their reach through strategic partnerships. This document is essential when companies wish to formalize arrangements where one party refers customers or business opportunities to another in exchange for compensation. It is particularly relevant in today's interconnected business environment where strategic partnerships drive growth. The agreement encompasses all necessary elements required under Indian law, including detailed commission structures, referral mechanisms, compliance requirements, and data protection provisions. It is designed to protect both parties' interests while ensuring transparency and enforceability under Indian jurisdiction, with specific attention to requirements under the Indian Contract Act, 1872, and other relevant legislation.
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1. Parties: Identification and details of the principal company and the referral partner
2. Background: Context of the agreement and brief description of both parties' businesses
3. Definitions: Definitions of key terms used throughout the agreement including 'Referral', 'Qualified Lead', 'Commission', etc.
4. Appointment and Scope: Terms of appointment and scope of referral partnership
5. Referral Process: Detailed process for making and tracking referrals
6. Commission Structure: Details of commission rates, calculation methods, and payment terms
7. Obligations of Parties: Specific responsibilities and commitments of both parties
8. Representations and Warranties: Standard representations and warranties from both parties
9. Confidentiality: Provisions for protecting confidential information shared between parties
10. Term and Termination: Duration of agreement and conditions for termination
11. Data Protection: Compliance with data protection laws and handling of customer data
12. Non-Solicitation: Restrictions on soliciting employees or customers
13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Exclusivity: Used when the referral partnership is exclusive in nature, defining territorial or sector-specific exclusivity
2. Training and Support: Include when the principal company provides training or support services to the referral partner
3. Marketing and Branding: Required when specific guidelines for using brands and marketing materials need to be established
4. Service Level Agreement: Include when specific performance metrics and response times need to be maintained
5. Compliance with Industry Regulations: Required for regulated industries like finance or healthcare
6. Insurance Requirements: Include when specific insurance coverage is required from either party
7. Dispute Resolution: Optional detailed dispute resolution procedure including mediation or arbitration
8. Force Majeure: Include when specific force majeure provisions beyond standard cases need to be addressed
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 referral submission and tracking
3. Schedule 3 - Reporting Templates: Standard templates for referral reporting and commission calculations
4. Schedule 4 - Service Level Metrics: Detailed performance metrics and response time requirements
5. Schedule 5 - Approved Marketing Materials: Templates and guidelines for marketing and promotional materials
6. Appendix A - Contact Details: Key contact information for both parties
7. Appendix B - Compliance Checklist: Checklist of regulatory and compliance requirements
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