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Business Referral Fee Agreement Template for South Africa

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Key Requirements PROMPT example:

Business Referral Fee Agreement

"I need a Business Referral Fee Agreement for my financial advisory firm based in Cape Town, where we'll pay a 10% commission to business consultants who refer clients to our wealth management services, with the agreement starting from March 2025."

Document background
The Business Referral Fee Agreement is essential for organizations looking to formalize their referral partnerships in South Africa. This document is commonly used when businesses want to establish clear terms for compensating referral sources and managing ongoing referral relationships. It addresses key aspects such as referral qualification criteria, fee calculations, payment schedules, and compliance with South African regulations including the Financial Intelligence Centre Act and Consumer Protection Act. The agreement is particularly important in regulated industries where referral arrangements must be transparent and properly documented. It helps prevent disputes by clearly defining what constitutes a qualified referral, when fees become payable, and how they should be calculated and paid.
Suggested Sections

1. Parties: Identification and details of the referrer and the business receiving referrals

2. Background: Context of the agreement and business relationship between the parties

3. Definitions and Interpretation: Key terms used in the agreement, including 'Referral', 'Referral Fee', 'Qualified Lead', etc.

4. Appointment and Scope: Formal appointment of referrer and scope of referral services

5. Referral Process: Detailed process for making and accepting referrals

6. Referral Fee Structure: Details of fee calculations, payment terms, and conditions for fee qualification

7. Payment Terms: Timing of payments, invoicing requirements, and payment methods

8. Obligations of the Parties: Specific duties and responsibilities of both parties

9. Representations and Warranties: Standard warranties about capacity to contract and quality of referrals

10. Confidentiality: Protection of confidential information shared during the referral process

11. Term and Termination: Duration of agreement and circumstances for termination

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

Optional Sections

1. Non-Compete: Restrictions on competing activities, used when parties operate in similar industries

2. Data Protection: Detailed POPIA compliance clauses, used when personal information is shared

3. Marketing and Branding: Rules for using each other's brands, used when public referral relationship

4. Dispute Resolution: Specific dispute resolution procedures, used for high-value relationships

5. Performance Targets: Minimum referral requirements, used when specific volumes are expected

6. Compliance with Industry Regulations: Used when referrals involve regulated industries like financial services

7. Training and Support: Used when referrer requires training to make qualified referrals

8. Insurance Requirements: Used in high-risk industries or high-value referral arrangements

Suggested Schedules

1. Schedule 1: Fee Structure: Detailed breakdown of referral fees, commission tiers, and calculation methods

2. Schedule 2: Referral Criteria: Specific criteria for qualified leads and referral qualification

3. Schedule 3: Reporting Template: Standard format for tracking and reporting referrals

4. Schedule 4: Territory/Product List: List of geographical areas or products covered by the agreement

5. Appendix A: Referral Process Flowchart: Visual representation of the referral process

6. Appendix B: Contact Details: Key contact persons and their details for both parties

Authors

Alex Denne

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

Relevant legal definitions























Clauses































Relevant Industries

Financial Services

Professional Services

Real Estate

Insurance

Technology

Consulting

Legal Services

Healthcare

Education and Training

Marketing and Advertising

Business Services

Recruitment and HR

Property Management

Information Technology

Management Consulting

Relevant Teams

Business Development

Sales

Legal

Compliance

Finance

Operations

Partnerships

Marketing

Commercial

Business Strategy

Account Management

Risk Management

Relevant Roles

Business Development Manager

Sales Director

Partnership Manager

Chief Executive Officer

Managing Director

Commercial Director

Legal Counsel

Compliance Officer

Finance Manager

Operations Manager

Channel Manager

Affiliate Manager

Marketing Director

Business Owner

Relationship Manager

Sales Manager

Industries







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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