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1. Parties: Identification and details of the referring party and the recipient of referrals
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement including 'Referral', 'Successful Referral', 'Referral Fee', etc.
4. Scope of Agreement: Details of the referral arrangement and what constitutes a valid referral
5. Referral Process: Step-by-step process for making and tracking referrals
6. Referral Fee Structure: Amount or percentage of referral fees and calculation method
7. Payment Terms: Timing and method of fee payments, invoice requirements, and tax considerations
8. Obligations of the Referring Party: Duties and responsibilities of the party making referrals
9. Obligations of the Recipient: Duties and responsibilities of the party receiving referrals
10. Term and Termination: Duration of the agreement and conditions for termination
11. Confidentiality: Protection of confidential information exchanged during the referral process
12. Data Protection: GDPR compliance and handling of personal data
13. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. Non-Compete Clause: Restrictions on competing activities, used when parties may be potential competitors
2. Intellectual Property Rights: Protection of trademarks and branding, needed when brand usage is part of the referral process
3. Marketing and Promotion: Guidelines for marketing the referral relationship, included when public promotion is planned
4. Training and Support: Details of any training provided for the referral process, needed for complex referral systems
5. Insurance Requirements: Specific insurance obligations, important for high-value or regulated industries
6. Audit Rights: Right to audit referral records, useful for high-volume or high-value arrangements
7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term arrangements
1. Schedule 1: Fee Schedule: Detailed breakdown of referral fees for different types of referrals or services
2. Schedule 2: Referral Reporting Template: Standard format for reporting and tracking referrals
3. Schedule 3: Approved Marketing Materials: Pre-approved materials and guidelines for promoting the referral relationship
4. Appendix A: Data Processing Agreement: Detailed GDPR-compliant data processing terms if personal data is involved
5. Appendix B: Service Level Agreement: Specific performance metrics and response times for handling referrals
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