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A Referral Agreement sets out the terms when one party sends customers or business opportunities to another party in exchange for payment or other benefits. These common business arrangements help Australian companies grow their customer base through structured partner networks, with clear rules about fees, responsibilities, and how referrals are tracked.

The agreement protects both sides by spelling out key details like payment structures, confidentiality requirements, and what happens if things go wrong. Under Australian contract law, these agreements need to be specific about commission rates, payment timing, and any industry-specific rules - especially in regulated sectors like financial services or real estate where referral relationships face strict oversight.

Use a Referral Agreement when building business partnerships that involve directing customers to each other's services. This is especially important in Australian industries like real estate, financial services, and professional consulting, where referral relationships need clear documentation to comply with regulatory requirements.

The agreement becomes essential when your referral arrangements involve significant revenue, ongoing relationships, or complex commission structures. It protects both parties by defining payment terms, tracking methods, and performance expectations. Many Australian businesses implement these agreements before launching partner programs or when formalizing existing referral relationships that have grown beyond casual arrangements.

• Referral Agreement Contract: Standard one-way agreement for basic referral relationships with straightforward commission structures
• Mutual Referral Agreement: Two-way arrangement where both parties refer business to each other
• Introduction Fee Agreement: Focuses on one-time payments for successful introductions rather than ongoing referrals
• Loan Referral Agreement: Specialized for financial services with additional compliance requirements
• Business Referral Fee Agreement: Detailed fee structure for complex business-to-business referral arrangements

• Business Owners: Set up and manage referral networks to grow their customer base, particularly in professional services and retail
• Real Estate Agents: Create referral partnerships with other agents, property managers, and mortgage brokers
• Financial Advisers: Establish compliant referral systems with accountants, insurance brokers, and other financial professionals
• Legal Professionals: Draft and review agreements to ensure compliance with Australian regulations and professional standards
• Marketing Agencies: Build partner networks for client referrals and manage commission structures
• Business Development Managers: Implement and oversee referral programs as part of growth strategies

• Basic Details: Gather full legal names, ABNs, and contact information for all parties involved in the referral arrangement
• Commission Structure: Define exact payment amounts or percentages, payment timing, and tracking methods
• Service Scope: List specific products or services covered by the referral arrangement
• Performance Metrics: Outline how successful referrals will be measured and verified
• Compliance Check: Review industry-specific regulations, especially for financial services or real estate
• Term Length: Decide on agreement duration, renewal terms, and termination conditions
• Documentation System: Plan how referrals and payments will be tracked and recorded

• Party Details: Full legal names, ABNs, registered addresses, and authorised representatives of both parties
• Services Definition: Clear description of referral activities, qualifying leads, and acceptance criteria
• Payment Terms: Detailed commission structure, payment timing, and calculation methods
• Confidentiality: Protection of client information, trade secrets, and business data
• Term and Termination: Agreement duration, renewal options, and exit conditions
• Compliance Clauses: Industry-specific regulations and Australian Consumer Law requirements
• Dispute Resolution: Process for handling disagreements under Australian jurisdiction
• Execution Block: Proper signature sections with witness requirements

A Referral Agreement differs significantly from an Affiliate Agreement in several key aspects, though both involve business partnerships. While they may seem similar at first glance, understanding their distinct features helps choose the right agreement for your situation.

• Payment Structure: Referral Agreements typically involve one-time payments for successful introductions, while Affiliate Agreements often include ongoing commissions for continued sales or traffic
• Relationship Type: Referral partnerships are usually more personal and direct, involving specific introductions. Affiliate relationships tend to be automated, often using tracking links and cookies
• Legal Requirements: Under Australian law, Referral Agreements face stricter regulation in industries like financial services and real estate, requiring specific disclosures and compliance measures
• Marketing Control: Referral partners generally have limited marketing freedom, while affiliates often create their own promotional materials within guidelines
• Duration: Referral relationships are commonly project-based or time-limited, whereas affiliate partnerships typically operate continuously