The Software Referral Agreement is essential for businesses operating in New Zealand's technology sector who wish to expand their market reach through partner networks. This document is typically used when a software provider wants to formalize arrangements with individuals or organizations who can refer potential customers to their software products or services. The agreement covers crucial aspects such as commission structures, referral processes, performance expectations, and compliance with New Zealand legislation, including the Contract and Commercial Law Act 2017 and Privacy Act 2020. It's particularly relevant in today's digital economy where partner ecosystems play a vital role in software distribution and sales. The document provides legal protection for both parties while establishing clear operational guidelines for the referral relationship.
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1. Parties: Identifies and provides full legal details of the software provider and the referrer
2. Background: Explains the context of the agreement, including the software provider's business and the referrer's role
3. Definitions: Defines key terms used throughout the agreement, including 'Software', 'Referral', 'Qualified Lead', and 'Commission'
4. Appointment and Scope: Establishes the referrer's appointment, territory, and whether the relationship is exclusive or non-exclusive
5. Referral Process: Details the process for identifying, qualifying, and submitting referrals
6. Commission Structure: Specifies the commission rates, calculation methods, and payment terms
7. Obligations of the Referrer: Lists the referrer's responsibilities, including lead qualification and communication requirements
8. Obligations of the Software Provider: Outlines the software provider's commitments regarding lead processing and support
9. Intellectual Property: Addresses the use of trademarks, logos, and marketing materials
10. Confidentiality: Protects confidential information shared between parties
11. Term and Termination: Specifies the agreement duration and termination provisions
12. General Provisions: Includes standard legal clauses such as governing law, dispute resolution, and entire agreement
1. Marketing and Promotion: Details specific marketing activities and requirements when the referrer will be actively promoting the software
2. Training Requirements: Includes when the referrer needs specific product training or certification
3. Performance Targets: Sets minimum performance requirements when specific targets are part of the agreement
4. Sub-referrers: Addresses the ability to appoint sub-referrers when this structure is permitted
5. Data Protection: Additional privacy and data handling requirements when significant personal data is involved
6. Non-Competition: Restrictions on promoting competing software when exclusivity is required
7. Insurance Requirements: Specific insurance obligations when required by the business relationship
8. Service Level Agreement: Response time commitments when specific service levels are needed
1. Commission Rates Schedule: Detailed breakdown of commission rates for different products or service levels
2. Referral Process Workflow: Step-by-step process flow for handling referrals
3. Approved Marketing Materials: List of approved marketing materials and usage guidelines
4. Product Description: Description of software products/services covered by the agreement
5. Territory Definition: Detailed description of geographical or market segment coverage
6. Reporting Ƶ: Standard forms for referral submission and reporting
7. Contact Details: Key contact information for both parties
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