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Referral Finder's Fee Agreement

Referral Finder's Fee Agreement Template for United States

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Key Requirements PROMPT example:

Referral Finder's Fee Agreement

"I need a Referral Finder's Fee Agreement for my software consulting business where we'll pay independent consultants 10% of the first year's revenue for any successful client referrals, with the agreement starting January 2025."

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Document background
The Referral Finder's Fee Agreement is essential when businesses seek to formalize relationships with individuals or entities who can generate leads or introductions. This document is particularly important in the United States where various federal and state regulations govern referral arrangements. The agreement typically specifies the nature of referrals, qualification criteria, fee calculations, payment timing, and compliance requirements. It helps prevent misunderstandings and potential disputes while ensuring adherence to applicable laws and regulations.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including 'Referral', 'Finder's Fee', and 'Successful Transaction'

4. Scope of Services: Description of referral services to be provided and any limitations

5. Fee Structure: Amount and calculation method of finder's fees, including triggers for payment

6. Payment Terms: Timing and method of fee payments, including any conditions precedent

7. Term and Termination: Duration of the agreement and conditions for termination

8. Representations and Warranties: Legal assurances from both parties regarding authority, compliance, and capabilities

9. Governing Law: Specification of applicable law and jurisdiction

Optional Sections

1. Exclusivity: Terms establishing whether the finder has exclusive rights for referrals

2. International Provisions: Specific terms for cross-border referrals and compliance with international laws

3. Non-Solicitation: Restrictions on soliciting referred clients or employees

4. Regulatory Compliance: Industry-specific compliance requirements and procedures

5. Indemnification: Terms for mutual or one-way indemnification against claims

Suggested Schedules

1. Schedule A - Fee Schedule: Detailed breakdown of fee calculations and examples

2. Schedule B - Referral Process: Step-by-step procedure for making and tracking referrals

3. Schedule C - Compliance Requirements: Specific compliance obligations and procedures based on industry

4. Schedule D - Approved Territories: List of geographical areas where finder is authorized to operate

Authors

Alex Denne

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

alex.den.21@genieai.co
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Industries

Securities Exchange Act 1934: Federal law governing securities transactions, including regulations on finder's fees and requirements for broker-dealer registration when the referrals involve securities

Anti-Kickback Laws: Federal and state regulations prohibiting the exchange of anything of value for referrals, particularly crucial in healthcare-related transactions

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

State Securities Regulations: State-specific laws governing securities transactions and finder's activities within individual states

State Licensing Requirements: State-specific regulations regarding broker/finder licensing and registration requirements

Real Estate Commission Laws: State-specific laws governing commission payments and finder's fees in real estate transactions

Stark Law: Federal law prohibiting physician self-referral for Medicare and Medicaid patients

RESPA: Real Estate Settlement Procedures Act governing real estate transactions and associated referral fees

Contract Formation Laws: Basic contract law principles including consideration, offer, acceptance, and capacity to contract

Statute of Frauds: State law requirements for certain contracts to be in writing to be enforceable

IRS Regulations: Tax reporting requirements for finder's fees, including Form 1099 reporting and withholding obligations

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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