The Marketing Referral Agreement is essential for businesses operating in Australia that wish to formalize their referral partnerships and marketing collaboration arrangements. This document is particularly relevant in today's interconnected business environment where companies increasingly rely on referral networks and marketing partnerships for growth. The agreement ensures compliance with Australian consumer protection laws, privacy regulations, and marketing standards while protecting both parties' interests. It typically includes detailed provisions for commission structures, referral processes, marketing guidelines, and compliance requirements. The document is designed to adapt to various business models and industries, making it suitable for both B2B and B2C contexts while maintaining alignment with Australian federal and state regulatory requirements.
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1. Parties: Identification of the referrer and the company receiving referrals
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope: Terms of appointment and scope of referral services
5. Referral Process: Detailed process for making and accepting referrals
6. Compensation and Payment Terms: Commission structure, payment terms, and calculation methods
7. Obligations of the Referrer: Referrer's responsibilities, including marketing standards and compliance
8. Obligations of the Company: Company's responsibilities in handling referrals and supporting the referrer
9. Compliance with Laws: Requirements for compliance with relevant laws and regulations
10. Intellectual Property: Usage rights for trademarks, logos, and marketing materials
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of the agreement and termination provisions
13. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Non-Compete: Restrictions on competing activities, used when the referrer works with multiple companies
2. Training and Support: Details of training provided by the company, included when significant support is offered
3. Performance Targets: Minimum referral requirements, included when specific targets are required
4. Marketing Guidelines: Specific rules for marketing activities, included when the referrer has significant marketing responsibilities
5. Dispute Resolution: Specific dispute resolution procedures, included for high-value or complex arrangements
6. Insurance Requirements: Specific insurance obligations, included when referrer needs particular coverage
7. Data Protection: Detailed data handling requirements, included when significant personal data is processed
8. Territory Restrictions: Geographic limitations on referral activities, included for territory-specific arrangements
1. Schedule 1 - Commission Structure: Detailed breakdown of commission rates and calculation methods
2. Schedule 2 - Referral Process Flow: Step-by-step process for making and tracking referrals
3. Schedule 3 - Approved Marketing Materials: List of pre-approved marketing materials and usage guidelines
4. Schedule 4 - Reporting Requirements: Ƶ and timing for regular reporting
5. Schedule 5 - Contact Details: Key contacts and escalation procedures
6. Appendix A - Compliance Checklist: Checklist of regulatory requirements and compliance procedures
7. Appendix B - Marketing Guidelines: Detailed marketing standards and brand guidelines
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