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Referral Agreement
I need a referral agreement for a sales consultant who will refer clients over a 12-month period, earning a 5% commission on each sale, with monthly performance reviews and a 30-day termination notice.
What is a Referral Agreement?
A Referral Agreement sets clear terms for when one party sends customers or clients to another business in exchange for compensation. Think of it like a commission structure: a real estate agent might refer home buyers to a mortgage broker, or a consulting firm could direct clients to specialized service providers.
These contracts protect both sides by spelling out important details like payment rates, referral tracking methods, and any required disclosures. In regulated industries like healthcare or financial services, federal laws require specific provisions to prevent kickbacks and ensure transparency. Good referral agreements also address quality standards and spell out when the relationship can end.
When should you use a Referral Agreement?
Use a Referral Agreement when your business plans to send or receive customer leads in exchange for payment. This applies to many common scenarios: real estate agents referring buyers to mortgage brokers, doctors directing patients to specialists, or consultants connecting clients with complementary service providers.
The timing is crucial when starting any referral relationship, especially in regulated industries like healthcare, finance, or real estate. Having this agreement in place before the first referral protects both parties from misunderstandings about compensation, establishes clear tracking methods, and ensures compliance with anti-kickback laws and disclosure requirements that vary by industry and state.
What are the different types of Referral Agreement?
- Simple Finders Fee Agreement: Basic template for general business referrals with straightforward commission structures
- Real Estate Finders Fee Agreement: Specialized for property transactions with state-specific compliance terms
- Real Estate Referral Fee Agreement: Detailed version for licensed agents with MLS requirements
- Real Estate Referral Form: Streamlined document for single property referrals
- Agent To Agent Referral Form: Specifically for transactions between licensed real estate professionals
Who should typically use a Referral Agreement?
- Business Owners & Entrepreneurs: Create referral networks to expand their customer base and formalize partner relationships
- Real Estate Agents: Exchange client referrals with other agents, mortgage brokers, and property professionals
- Financial Advisors: Partner with accountants, insurance agents, and other financial professionals to share qualified leads
- Healthcare Providers: Establish compliant referral systems with specialists and allied health professionals
- Legal Counsel: Review and draft agreements to ensure compliance with state regulations and industry standards
- Professional Service Firms: Build referral partnerships with complementary service providers to expand client reach
How do you write a Referral Agreement?
- Basic Details: Gather full legal names, addresses, and contact information for all parties involved
- Compensation Structure: Define exact referral fees, payment schedules, and tracking methods
- Service Scope: Outline specific products or services covered by the referral arrangement
- Industry Requirements: Check state-specific regulations for your industry, especially in real estate or financial services
- Quality Standards: List any performance metrics or service level expectations
- Term Length: Decide on agreement duration and renewal terms
- Documentation: Plan how referrals will be tracked and reported between parties
- Exit Strategy: Include clear termination conditions and post-agreement obligations
What should be included in a Referral Agreement?
- Party Information: Full legal names and addresses of referrer and recipient businesses
- Scope of Services: Clear description of what constitutes a valid referral
- Compensation Terms: Detailed fee structure, payment timing, and calculation methods
- Performance Standards: Quality requirements and service level expectations
- Confidentiality: Protection of sensitive business information and referral data
- Term and Termination: Agreement duration and conditions for ending the relationship
- Compliance Section: Industry-specific regulatory requirements and disclosures
- Dispute Resolution: Governing law, jurisdiction, and conflict resolution process
- Signature Block: Space for dated signatures from authorized representatives
What's the difference between a Referral Agreement and an Affiliate Agreement?
A Referral Agreement differs significantly from an Affiliate Agreement, though both involve business partnerships and revenue sharing. Let's explore the key distinctions to help you choose the right document for your needs.
- Payment Structure: Referral agreements typically offer one-time payments for specific client introductions, while affiliate agreements usually provide ongoing commissions for continuous sales or traffic
- Relationship Duration: Referral relationships often focus on individual transactions or limited-time arrangements, whereas affiliate programs establish long-term marketing partnerships
- Marketing Control: Affiliates generally have more freedom to market products using their own methods and materials, while referral partners usually follow stricter guidelines about how they can present the business
- Legal Obligations: Referral agreements require more specific tracking of individual leads and often include stricter compliance requirements, especially in regulated industries like real estate or healthcare
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