The Referral Fee Agreement is essential for businesses and professionals operating in Malta who wish to formalize their referral relationships and ensure compliance with relevant regulations. This document is particularly important given Malta's strict regulatory environment, especially in financial services and data protection. The agreement typically outlines the scope of referral services, fee structures, payment terms, and compliance requirements under Maltese law. It is commonly used when establishing business partnerships, expanding client networks, or creating formal referral channels between service providers. The document must address specific Maltese legal requirements while also considering EU regulations, particularly regarding data protection and financial services if applicable. The agreement provides legal protection for both parties while ensuring transparency in referral arrangements and associated compensation.
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1. Parties: Identifies and provides full details of all parties to the agreement
2. Background: Explains the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Referral Services: Details the nature of referrals to be made and the referral process
5. Referral Fee Structure: Specifies the fee calculation method, payment terms, and conditions for fee eligibility
6. Obligations of Referrer: Lists the referrer's duties, including quality of referrals and compliance requirements
7. Obligations of Recipient: Details the recipient's responsibilities regarding referred clients and payment obligations
8. Compliance Requirements: Addresses regulatory compliance, including data protection and financial services regulations
9. Term and Termination: Specifies the duration of the agreement and termination provisions
10. Confidentiality: Establishes confidentiality obligations regarding shared information and client details
11. Data Protection: Ensures GDPR compliance and establishes data handling protocols
12. General Provisions: Contains standard clauses including governing law, notices, and entire agreement
1. Exclusivity: Used when parties agree to exclusive referral arrangements
2. International Referrals: Include when referrals may cross international borders
3. Non-Solicitation: Added when parties wish to prevent direct client solicitation
4. Marketing and Promotion: Include when specific marketing arrangements or restrictions are needed
5. Dispute Resolution: Optional detailed dispute resolution procedures beyond standard court jurisdiction
6. Force Majeure: Added when specific force majeure provisions are required
7. Insurance Requirements: Include when specific insurance coverage is required for the referral activities
8. Training and Support: Used when the recipient provides training or support to the referrer
1. Schedule 1 - Fee Schedule: Detailed breakdown of fee structures, calculations, and payment terms
2. Schedule 2 - Referral Process: Step-by-step process for making and handling referrals
3. Schedule 3 - Reporting Template: Standard format for tracking and reporting referrals
4. Schedule 4 - Compliance Checklist: List of regulatory requirements and compliance procedures
5. Appendix A - Data Processing Agreement: Detailed terms for handling personal data in compliance with GDPR
6. Appendix B - Service Level Agreement: Standards for handling referrals and response times
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