The Consulting Referral Fee Agreement is essential for businesses operating in Hong Kong's professional services sector who wish to formalize referral arrangements. This document is typically used when one party agrees to refer clients or business opportunities to another in exchange for a fee, requiring careful consideration of Hong Kong's regulatory framework, particularly the Prevention of Bribery Ordinance and Contract Ordinance. The agreement covers crucial elements such as referral mechanics, fee calculations, payment terms, compliance requirements, and confidentiality obligations. It's particularly relevant in today's interconnected business environment where professional networks and strategic partnerships are increasingly important for business growth and client acquisition.
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1. Parties: Identifies and provides full details of the parties to the agreement
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and interpretation rules
4. Appointment and Scope: Establishes the referral relationship and its non-exclusive nature
5. Referral Process: Details the mechanism for making and accepting referrals
6. Fees and Payment Terms: Specifies referral fee structure, calculation method, and payment conditions
7. Obligations of the Referrer: Lists the referrer's duties and responsibilities
8. Obligations of the Company: Sets out the company's commitments regarding referrals and payments
9. Compliance and Anti-Bribery: Ensures compliance with Hong Kong laws, particularly regarding proper business conduct
10. Confidentiality: Protects confidential information exchanged during the referral process
11. Term and Termination: Specifies agreement duration and termination provisions
12. General Provisions: Contains standard boilerplate clauses including governing law, notices, and entire agreement
1. Non-Solicitation: Prevents parties from directly soliciting each other's clients or employees - include when dealing with sensitive client relationships
2. Intellectual Property: Protects IP rights and usage - include when branding or materials are shared between parties
3. Data Protection: Addresses personal data handling - include when referrals involve sharing personal information
4. Training and Support: Details any training or support provided - include when referrer requires specific product knowledge
5. Marketing and Promotion: Sets rules for marketing the referral relationship - include when public promotion is contemplated
6. Audit Rights: Provides for audit of referral records - include for high-value or volume-based arrangements
7. Insurance: Specifies insurance requirements - include for high-risk or regulated sectors
1. Schedule 1 - Fee Structure: Detailed breakdown of referral fees, calculation methods, and payment terms
2. Schedule 2 - Referral Process: Step-by-step process for making and handling referrals
3. Schedule 3 - Reporting Requirements: Ƶ and timing for referral reporting
4. Schedule 4 - Approved Marketing Materials: Pre-approved materials and guidelines for promoting the referral relationship
5. Appendix A - Contact Details: Key contact information for both parties
6. Appendix B - Compliance Checklist: Checklist ensuring compliance with Hong Kong regulations
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