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Referral Agreement
I need a referral agreement that outlines the terms for referring potential clients to our business, including a 10% commission on successful referrals, confidentiality clauses, and a 12-month duration with a 30-day termination notice period.
What is a Referral Agreement?
A Referral Agreement sets out the terms when one party (the referrer) directs potential clients or customers to another party's business in exchange for compensation. These agreements are common in NZ professional services, especially among financial advisers, real estate agents, and business consultants who must comply with the Fair Trading Act and industry-specific regulations.
The agreement spells out key details like referral fees, payment timing, and how leads are tracked. It also covers important legal safeguards - including confidentiality rules, the referrer's obligations to disclose their financial interest to clients, and clauses that protect both parties if the arrangement needs to end. Most Kiwi businesses use these agreements to build trusted referral networks while staying on the right side of consumer protection laws.
When should you use a Referral Agreement?
Use a Referral Agreement when your business wants to formalize partnerships where other professionals or companies send clients your way. This is especially important in NZ's regulated industries like financial services, real estate, and professional consulting, where tracking referral sources and payments needs proper documentation.
The agreement becomes essential before starting any revenue-sharing arrangement with referral partners. It protects both parties by clearly defining compensation terms, establishing quality standards for leads, and meeting regulatory requirements around disclosure and fair trading. Many Kiwi businesses implement these agreements when expanding their client base through professional networks or when joining formal referral programs.
What are the different types of Referral Agreement?
- Simple Finders Fee Agreement: Basic version for general business referrals with straightforward commission structures
- Real Estate Finders Fee Agreement: Specialized for property transactions with detailed commission calculations and REINZ compliance
- Real Estate Referral Fee Agreement: Comprehensive version for ongoing property referral relationships between agencies
- Real Estate Referral Form: Streamlined document for single property referrals
- Agent To Agent Referral Form: Quick-use template for referrals between licensed real estate professionals
Who should typically use a Referral Agreement?
- Real Estate Agencies: Both as referrers and recipients, handling property-related client transfers under REINZ guidelines
- Financial Advisers: Maintain compliant referral networks under Financial Markets Authority regulations
- Business Consultants: Establish formal referral partnerships with other professional service providers
- Legal Professionals: Draft agreements and ensure compliance with NZ law, particularly Fair Trading Act requirements
- Healthcare Providers: Share patient referrals while maintaining privacy under Health Information Privacy Code
- Professional Bodies: Oversee member referral practices and maintain industry standards
How do you write a Referral Agreement?
- Party Details: Gather full legal names, business addresses, and registration numbers of both referrer and recipient
- Fee Structure: Define exact commission rates, payment timing, and calculation methods for successful referrals
- Service Scope: Outline specific products or services covered by the referral arrangement
- Tracking Method: Establish how referrals will be documented and attributed
- Compliance Check: Review industry-specific regulations and Fair Trading Act requirements
- Term Length: Decide agreement duration and renewal conditions
- Quality Standards: Set minimum requirements for qualified referrals
- Exit Strategy: Include clear termination and dispute resolution procedures
What should be included in a Referral Agreement?
- Parties Section: Full legal names, addresses, and business details of referrer and recipient
- Services Definition: Clear description of referral activities and qualifying criteria
- Compensation Terms: Detailed fee structure, payment timing, and calculation methods
- Duration Clause: Agreement period, renewal terms, and notice requirements
- Confidentiality: Protection of business information and client data under Privacy Act 2020
- Territory Limits: Geographic scope and any exclusivity provisions
- Compliance Section: Fair Trading Act obligations and industry-specific requirements
- Termination Rights: Conditions for ending the agreement and post-termination obligations
- Dispute Resolution: NZ jurisdiction and conflict resolution procedures
What's the difference between a Referral Agreement and an Agency Agreement?
A Referral Agreement differs significantly from an Agency Agreement in several key aspects, though both involve business relationships. While Referral Agreements focus solely on introducing potential clients for a fee, Agency Agreements create a broader legal relationship where one party can act on behalf of another.
- Scope of Authority: Agency Agreements grant the agent power to make binding decisions or contracts on behalf of the principal; Referral Agreements only permit introduction of potential clients
- Legal Obligations: Agency relationships create fiduciary duties and deeper legal responsibilities under NZ law; referral arrangements maintain lighter, arms-length obligations
- Duration and Commitment: Agency Agreements typically involve ongoing representation and deeper business integration; Referral Agreements can be more casual or project-specific
- Liability Exposure: Agents can create legal obligations for their principals; referrers are usually only responsible for making introductions
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