This Referral Agreement template is designed for use in New Zealand business contexts where parties wish to establish a formal arrangement for referring business opportunities. The document is essential when one party intends to regularly refer customers or clients to another party in exchange for compensation. It provides a comprehensive framework compliant with New Zealand law, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Privacy Act 2020. The agreement covers crucial aspects such as referral mechanisms, fee structures, payment terms, confidentiality, data protection, and dispute resolution. It's particularly valuable for businesses in professional services, financial services, real estate, and other sectors where referral relationships are common. The Referral Agreement can be customized to accommodate various business models while ensuring regulatory compliance and protecting both parties' interests.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Explains the context and purpose of the referral arrangement
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope: Establishes the referral relationship and its scope
5. Referral Process: Details the specific procedures for making and tracking referrals
6. Fees and Payment Terms: Specifies referral fees, calculation methods, and payment terms
7. Obligations of Referrer: Lists specific duties and responsibilities of the referring party
8. Obligations of Recipient: Lists specific duties and responsibilities of the party receiving referrals
9. Privacy and Data Protection: Addresses handling of customer data and compliance with Privacy Act 2020
10. Confidentiality: Provisions for protecting confidential information
11. Term and Termination: Duration of agreement and termination provisions
12. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Non-Compete: Restrictions on competition, used when parties operate in similar industries
2. Marketing and Promotion: Guidelines for marketing the referral relationship, used when public promotion is intended
3. Service Levels: Specific performance metrics, used for more structured referral relationships
4. Audit Rights: Rights to audit referral tracking and payments, used in high-value arrangements
5. Insurance: Insurance requirements, used when referrals involve regulated activities or high-risk services
6. Dispute Resolution: Detailed dispute resolution procedures, used for high-value or complex arrangements
7. Anti-Money Laundering Compliance: AML/CFT compliance provisions, required if involving financial services or real estate
8. Regulatory Compliance: Industry-specific compliance requirements, used when referrals involve regulated industries
1. Schedule 1 - Fee Schedule: Detailed breakdown of referral fees and commission structures
2. Schedule 2 - Referral Process: Detailed operational procedures for making and tracking referrals
3. Schedule 3 - Approved Marketing Materials: Ƶ or guidelines for marketing the referral relationship
4. Schedule 4 - Data Protection Requirements: Specific procedures for handling customer data and ensuring privacy compliance
5. Schedule 5 - Service Level Requirements: Detailed performance metrics and reporting requirements
6. Appendix A - Referral Report Template: Standard format for reporting and tracking referrals
7. Appendix B - Contact Details: Key contact information for both parties
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