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Commercial Referral Fee Agreement for the United States

Commercial Referral Fee Agreement Template for United States

A Commercial Referral Fee Agreement is a legally binding document used in the United States that establishes the terms and conditions under which one party will refer business to another in exchange for compensation. This agreement outlines referral fee structures, payment terms, obligations of both parties, and compliance requirements with federal and state regulations. It includes provisions for tracking referrals, defining successful conversions, and establishing payment schedules while ensuring compliance with industry-specific regulations.

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What is a Commercial Referral Fee Agreement?

The Commercial Referral Fee Agreement serves as a critical document for businesses seeking to formalize their referral relationships and compensation structures. This agreement is commonly used in the United States when businesses want to incentivize and reward third parties for directing new customers or clients their way. It addresses key aspects such as fee calculations, payment terms, confidentiality, and compliance with federal and state regulations. The agreement is particularly important in regulated industries where referral relationships must be transparent and properly documented to comply with legal requirements.

What sections should be included in a Commercial Referral Fee Agreement?

1. Parties: Identifies all parties to the agreement, including legal names and addresses

2. Background/Recitals: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Referral Services: Details the nature and scope of referral services to be provided

5. Fee Structure: Specifies referral fee amounts, calculation methods, and payment terms

6. Payment Terms: Details timing and method of payments, including invoicing requirements

7. Term and Termination: Specifies duration of agreement and termination conditions

8. Confidentiality: Outlines obligations regarding confidential information

What sections are optional to include in a Commercial Referral Fee Agreement?

1. Non-Compete: Restricts competitive activities - include when protecting business interests from competition is crucial

2. Non-Solicitation: Prevents solicitation of customers or employees - include when protecting customer relationships and employee retention

3. Regulatory Compliance: Industry-specific compliance requirements - include when operating in regulated industries (healthcare, finance, etc.)

4. International Provisions: Addresses cross-border considerations - include when referrals involve international transactions

What schedules should be included in a Commercial Referral Fee Agreement?

1. Fee Schedule: Detailed breakdown of fee structures and calculations

2. Referral Process: Step-by-step process for making and tracking referrals

3. Compliance Guidelines: Industry-specific compliance requirements and procedures

4. Reporting Template: Standard format for tracking and reporting referrals

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Fee Agreement

Cost

Free to use
Clauses






























Industries

Anti-Kickback Statute: Federal law that prohibits the exchange of anything of value for referrals in healthcare-related businesses. Must be considered if the referral agreement involves healthcare services.

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate referral fees and kickbacks. Critical if the agreement involves real estate transactions.

Foreign Corrupt Practices Act: Federal law that must be considered if the referral agreement involves international business transactions or foreign entities.

Federal Trade Commission Act: Regulates unfair trade practices and consumer protection. Relevant for ensuring referral arrangements don't constitute deceptive practices.

State Licensing Requirements: Various state-specific regulations requiring proper licensing for certain types of referral arrangements in regulated industries.

State Referral Fee Regulations: State-specific laws governing referral fees, which vary by jurisdiction and industry.

State Consumer Protection Laws: State-specific regulations protecting consumers from unfair practices, which may affect referral arrangements.

Financial Services Regulations: SEC and FINRA regulations governing referral arrangements in the financial services industry.

HIPAA: Healthcare privacy regulations that must be considered if the referral agreement involves sharing of patient information.

Statute of Frauds: Contract law principle requiring certain agreements to be in writing to be enforceable.

IRS Regulations: Tax regulations governing the reporting and taxation of referral fees, including Form 1099 requirements.

Privacy Laws: Federal and state regulations governing the collection, sharing, and protection of personal information in referral arrangements.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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