The Referral Finder's Fee Agreement is essential for businesses operating in the Netherlands that wish to formalize their referral relationships and compensation structures. This document is typically used when a company wants to incentivize third parties to refer potential clients or business opportunities, establishing clear terms for qualification criteria and payment of finder's fees. The agreement ensures compliance with Dutch legal requirements, including the Civil Code (Burgerlijk Wetboek) provisions regarding service agreements and intermediary relationships, while also addressing modern business needs such as GDPR compliance and digital communication protocols. It's particularly valuable for businesses seeking to expand their client base through structured referral programs, providing legal protection and clarity for all parties involved in the referral process.
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1. Parties: Identification of the parties entering into the agreement - the referrer and the company receiving referrals
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement including 'Qualified Referral', 'Finder's Fee', 'Successful Transaction'
4. Scope of Services: Details of the referral services to be provided and any territorial restrictions
5. Referral Process: Step-by-step process for making and accepting referrals
6. Fee Structure: Calculation method for finder's fees and payment terms
7. Payment Terms: Timeline for payments, invoicing requirements, and payment methods
8. Term and Termination: Duration of the agreement and conditions for termination
9. Confidentiality: Protection of confidential information shared between parties
10. Data Protection: GDPR compliance and data handling requirements
11. Non-Solicitation: Restrictions on soliciting referred clients or employees
12. Representations and Warranties: Standard warranties about capacity to contract and service delivery
13. Liability and Indemnification: Limitations of liability and indemnification obligations
14. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Exclusivity: Used when the referrer is granted exclusive rights in certain territories or for certain types of referrals
2. Marketing and Promotion: Include when parties need to agree on specific marketing activities or use of branding
3. Training and Support: Required when the company provides training or support to the referrer
4. Compliance with Laws: Extended section needed for regulated industries or when specific regulatory compliance is required
5. Audit Rights: Include when one party needs the right to audit referral records
6. Non-Compete: Used when restricting the referrer from working with competitors
7. Service Level Requirements: Include when setting specific performance standards for referral quality or quantity
8. Dispute Resolution: Detailed dispute resolution procedures, particularly useful for international agreements
1. Schedule 1 - Fee Schedule: Detailed breakdown of fee structures, commission tiers, and calculation methods
2. Schedule 2 - Referral Criteria: Specific criteria for qualifying referrals and documentation requirements
3. Schedule 3 - Reporting Template: Standard format for tracking and reporting referrals
4. Schedule 4 - Territory Definition: Detailed description of geographical or market territories if applicable
5. Schedule 5 - Data Processing Agreement: Detailed GDPR compliance requirements and data processing terms
6. Appendix A - Contact Details: Key contact information for both parties
7. Appendix B - Service Standards: Detailed service level requirements and performance metrics if applicable
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