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Sales Referral Agreement for the United States

Sales Referral Agreement Template for United States

A Sales Referral Agreement is a legally binding contract used in the United States that establishes the terms and conditions under which one party (the referrer) will refer potential customers to another party (the service provider) in exchange for compensation. This agreement outlines referral fees, payment terms, referral processes, confidentiality obligations, and compliance requirements. It typically includes provisions that comply with federal and state-specific regulations, particularly important in regulated industries such as healthcare or financial services.

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What is a Sales Referral Agreement?

The Sales Referral Agreement serves as a crucial document for businesses looking to expand their customer base through formal referral partnerships. This agreement, governed by U.S. law, is particularly important when establishing structured referral programs that involve monetary compensation. It protects both parties by clearly defining the referral process, compensation structure, and legal obligations while ensuring compliance with relevant federal and state regulations. The agreement is commonly used across various industries and can be customized to address specific compliance requirements, particularly in regulated sectors.

What sections should be included in a Sales Referral 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 Arrangement: Details the core mechanics of how referrals will be made and processed

5. Compensation: Specifies referral fees, payment terms, and calculation methods

6. Term and Termination: Defines agreement duration and termination conditions

7. Confidentiality: Outlines handling of confidential information

8. General Provisions: Standard boilerplate clauses including governing law, notices, etc.

What sections are optional to include in a Sales Referral Agreement?

1. Territory Restrictions: Defines geographical limitations on referral activities when referrals are to be limited to specific regions

2. Exclusivity: Establishes whether the referral arrangement is exclusive, used when parties want to establish exclusive referral rights

3. Marketing Guidelines: Rules for marketing and promoting the referral relationship, used when referrer will actively market the recipient's services

4. Compliance Requirements: Industry-specific compliance obligations, included when operating in regulated industries

5. Data Protection: Specific provisions for handling personal data, used when referrals involve sharing personal information

What schedules should be included in a Sales Referral Agreement?

1. Fee Schedule: Detailed breakdown of referral fees and commission structures

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

3. Approved Marketing Materials: Pre-approved marketing content and guidelines

4. Compliance Checklist: List of required compliance steps for each referral

5. Contact Information: Key contacts for both parties including escalation procedures

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

Sale Agreement

Cost

Free to use
Clauses




























Industries

Federal Trade Commission Regulations: Regulations governing referral programs, including mandatory disclosure requirements and guidelines for transparent referral practices

Anti-Kickback Laws: Federal statutes prohibiting the exchange of anything of value to induce or reward referrals involving federal healthcare programs

Foreign Corrupt Practices Act: Federal law that prohibits the payment of bribes to foreign officials to assist in obtaining or retaining business, relevant for international referrals

State Contract Laws: State-specific regulations governing contract formation, enforcement, and interpretation

State Licensing Requirements: Industry-specific licensing and permit requirements that vary by state for referral activities

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

Healthcare Referral Regulations: Stark Law and Anti-Kickback Statute governing healthcare referrals and associated compensation

Financial Services Regulations: SEC and FINRA rules governing referrals in the financial services industry

IRS Regulations: Tax regulations regarding the reporting and treatment of referral fees, including 1099 reporting requirements

Employment Classification Laws: Regulations governing independent contractor vs. employee classification in referral relationships

Data Privacy Laws: Federal and state regulations governing the collection, sharing, and protection of customer data in referral arrangements

Intellectual Property Laws: Regulations protecting trademarks, copyrights, and confidential information in referral agreements

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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