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Referral Commission Agreement Template for Malaysia

A comprehensive legal document governed by Malaysian law that establishes and regulates the commercial relationship between a business entity and a party that refers customers or business opportunities. The agreement details the terms and conditions for referrals, specifies commission rates and payment structures, outlines the responsibilities of both parties, and includes provisions for compliance with Malaysian regulations, including tax laws and anti-corruption requirements. It provides a framework for tracking referrals, calculating commissions, and managing the ongoing business relationship while ensuring legal compliance within the Malaysian jurisdiction.

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What is a Referral Commission Agreement?

This Referral Commission Agreement is designed for use in the Malaysian business environment where companies seek to formalize their referral partnerships and commission structures. It is particularly relevant when businesses want to establish a systematic approach to rewarding individuals or organizations that bring in new customers or business opportunities. The agreement complies with Malaysian legal requirements, including the Contracts Act 1950 and relevant tax regulations. It typically includes detailed provisions for referral mechanisms, commission calculations, payment terms, and compliance requirements. This document is essential for businesses operating in Malaysia that rely on referral networks for growth and want to ensure their commission arrangements are legally sound and professionally managed. The agreement also addresses key aspects such as confidentiality, data protection, and anti-corruption measures as required under Malaysian law.

What sections should be included in a Referral Commission Agreement?

1. Parties: Identification of the referring party and the company paying the commission, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, brief description of the business relationship and purpose of the referral arrangement

3. Definitions: Key terms used in the agreement including 'Referral', 'Commission', 'Successful Referral', 'Customer', and other relevant terms

4. Appointment and Scope: Terms of appointment, territory/market coverage, and whether the appointment is exclusive or non-exclusive

5. Referral Process: Detailed procedure for making referrals, including method of introduction and documentation requirements

6. Commission Structure: Commission rates, calculation method, and qualifying criteria for commission payments

7. Payment Terms: Timeline for commission payments, payment method, currency, and any applicable taxes

8. Obligations of the Referring Party: Duties, responsibilities, and conduct requirements for the referring party

9. Obligations of the Company: Company's commitments regarding referral processing and commission payments

10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

11. Confidentiality: Protection of confidential information shared during the referral process

12. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for dispute resolution

13. General Provisions: Standard clauses including assignment, amendments, notices, and entire agreement

What sections are optional to include in a Referral Commission Agreement?

1. Non-Compete: Restrictions on referring party's ability to work with competitors, used when protecting market position is crucial

2. Data Protection: Specific obligations regarding personal data handling, required when referrals involve sharing personal information

3. Intellectual Property: Protection of trademarks and materials, needed when branding or proprietary materials are shared

4. Training and Support: Details of any training or support provided to the referring party, included when significant support is offered

5. Insurance: Insurance requirements for the referring party, included when referrals involve high-value transactions or regulated activities

6. Dispute Resolution: Alternative dispute resolution procedures, included when parties prefer mediation or arbitration over court proceedings

7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term arrangements

What schedules should be included in a Referral Commission Agreement?

1. Commission Rates Schedule: Detailed breakdown of commission rates for different products/services or customer categories

2. Referral Process Workflow: Step-by-step guide and flowchart of the referral process

3. Required Documentation: Templates and forms required for making referrals

4. Territory Definition: Detailed description of geographical or market coverage, if applicable

5. Approved Marketing Materials: List of approved marketing materials and usage guidelines

6. Commission Calculation Examples: Examples showing how commissions are calculated in various scenarios

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Malaysia

Publisher

Genie AI

Sector

Sales

Cost

Free to use

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