The Lead Referral Agreement is essential for businesses operating in the Philippines who wish to formalize their lead generation and referral relationships. This document is particularly relevant in today's interconnected business environment where companies seek to expand their customer base through strategic partnerships. The agreement ensures compliance with Philippine regulations, including the Data Privacy Act of 2012, E-Commerce Act, and Consumer Protection laws. It defines the entire referral relationship, including lead qualification criteria, compensation terms, data handling requirements, and confidentiality obligations. The document is designed to protect both the referring party and the recipient while establishing clear guidelines for the referral process. This type of agreement is increasingly important as businesses adapt to digital transformation and seek to leverage networks for growth while maintaining regulatory compliance.
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1. Parties: Identifies and provides details of the referring party and the recipient party
2. Background: Explains the context of the agreement, including the nature of the recipient's business and the referrer's ability to provide leads
3. Definitions: Defines key terms including 'Lead', 'Qualified Lead', 'Referral Fee', and other important terms used throughout the agreement
4. Appointment and Scope: Establishes the referral relationship and defines its scope, including any territorial or industry limitations
5. Lead Referral Process: Details the specific process for identifying and referring leads, including any qualification criteria
6. Referral Fee and Payment Terms: Specifies the compensation structure, payment timing, and calculation method for referral fees
7. Data Protection and Privacy: Outlines compliance with Philippine Data Privacy Act and data handling requirements
8. Confidentiality: Defines confidential information and establishes protection obligations
9. Representations and Warranties: Contains basic warranties about authority to contract and compliance with laws
10. Term and Termination: Specifies the duration of the agreement and circumstances for termination
11. General Provisions: Standard boilerplate clauses including governing law, notices, and amendment procedures
1. Exclusivity: Optional section used when the referrer is granted exclusive rights or when there are restrictions on working with competitors
2. Training and Support: Include when the recipient will provide training or systems to help the referrer identify leads
3. Marketing and Branding: Used when the agreement needs to control how the referrer represents the recipient's brand
4. Performance Targets: Include when the agreement includes minimum referral requirements or performance metrics
5. Dispute Resolution: Optional detailed dispute resolution procedures, including mediation or arbitration provisions
6. Insurance Requirements: Include when specific insurance coverage is required for the referral activities
7. Compliance with Industry Regulations: Add for regulated industries like financial services or healthcare
1. Schedule 1 - Referral Fee Structure: Detailed breakdown of fee calculations, including any tiered structures or bonuses
2. Schedule 2 - Lead Qualification Criteria: Specific criteria that define what constitutes a qualified lead
3. Schedule 3 - Referral Process Workflow: Step-by-step process flow for lead submissions and tracking
4. Schedule 4 - Data Protection Requirements: Detailed data handling procedures and compliance requirements
5. Appendix A - Reporting Templates: Standard forms for lead submission and tracking
6. Appendix B - Approved Marketing Materials: Templates or guidelines for any approved marketing materials
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