The Business Referral Fee Agreement is essential for organizations looking to formalize their referral partnerships in South Africa. This document is commonly used when businesses want to establish clear terms for compensating referral sources and managing ongoing referral relationships. It addresses key aspects such as referral qualification criteria, fee calculations, payment schedules, and compliance with South African regulations including the Financial Intelligence Centre Act and Consumer Protection Act. The agreement is particularly important in regulated industries where referral arrangements must be transparent and properly documented. It helps prevent disputes by clearly defining what constitutes a qualified referral, when fees become payable, and how they should be calculated and paid.
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1. Parties: Identification and details of the referrer and the business receiving referrals
2. Background: Context of the agreement and business relationship between the parties
3. Definitions and Interpretation: Key terms used in the agreement, including 'Referral', 'Referral Fee', 'Qualified Lead', etc.
4. Appointment and Scope: Formal appointment of referrer and scope of referral services
5. Referral Process: Detailed process for making and accepting referrals
6. Referral Fee Structure: Details of fee calculations, payment terms, and conditions for fee qualification
7. Payment Terms: Timing of payments, invoicing requirements, and payment methods
8. Obligations of the Parties: Specific duties and responsibilities of both parties
9. Representations and Warranties: Standard warranties about capacity to contract and quality of referrals
10. Confidentiality: Protection of confidential information shared during the referral process
11. Term and Termination: Duration of agreement and circumstances for termination
12. General Provisions: Standard boilerplate clauses including notices, governing law, etc.
1. Non-Compete: Restrictions on competing activities, used when parties operate in similar industries
2. Data Protection: Detailed POPIA compliance clauses, used when personal information is shared
3. Marketing and Branding: Rules for using each other's brands, used when public referral relationship
4. Dispute Resolution: Specific dispute resolution procedures, used for high-value relationships
5. Performance Targets: Minimum referral requirements, used when specific volumes are expected
6. Compliance with Industry Regulations: Used when referrals involve regulated industries like financial services
7. Training and Support: Used when referrer requires training to make qualified referrals
8. Insurance Requirements: Used in high-risk industries or high-value referral arrangements
1. Schedule 1: Fee Structure: Detailed breakdown of referral fees, commission tiers, and calculation methods
2. Schedule 2: Referral Criteria: Specific criteria for qualified leads and referral qualification
3. Schedule 3: Reporting Template: Standard format for tracking and reporting referrals
4. Schedule 4: Territory/Product List: List of geographical areas or products covered by the agreement
5. Appendix A: Referral Process Flowchart: Visual representation of the referral process
6. Appendix B: Contact Details: Key contact persons and their details for both parties
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