Referral Commission Fee Agreement Template

Download DOCX

This Referral Commission Fee Agreement (the “Agreement”) is entered into as of [Date] (the “Effective Date”), by and between:

Company: [Company Name], a [State/Country] [entity type] with its principal place of business at [address] (“Company”),andReferrer: [Referrer Name], with principal address at [address] (“Referrer”).

Company and Referrer may each be referred to as a “Party” and collectively as the “Parties.”

1. Appointment

1.1 Referral Relationship. Company engages Referrer to identify and refer prospective customers to Company (each, a “Referral”). Referrer is an independent contractor and not an employee or agent of Company.

1.2 Non-Exclusive. This Agreement does not grant Referrer exclusive rights unless otherwise agreed in writing.

2. Referral Commission

2.1 Commission. Company shall pay Referrer a commission of [percentage]% of the net revenue received from each Referral that results in a completed transaction with Company.

2.2 Payment Terms. Commissions will be calculated monthly and paid within [30] days after the end of the month in which payment from the Referral is received.

2.3 Exclusions. No commission shall be paid on:(a) revenue from customers referred prior to the Effective Date;(b) refunds, chargebacks, or cancelled orders;(c) transactions outside the agreed-upon products or services unless agreed in writing.

3. Responsibilities of Referrer

3.1 Referrer shall:(a) accurately represent Company and its products/services;(b) provide Company with sufficient information to identify and track Referrals;(c) comply with all applicable laws, regulations, and Company policies.

3.2 Referrer shall not make any contractual commitments on behalf of Company.

4. Confidentiality

Referrer shall maintain the confidentiality of Company’s non-public information and not disclose it to any third party, except as necessary to make referrals under this Agreement.

5. Term and Termination

5.1 Term. This Agreement shall commence on the Effective Date and continue until terminated by either Party with [30] days’ written notice.

5.2 Termination for Cause. Either Party may terminate immediately if the other Party materially breaches this Agreement and fails to cure within [10] days of written notice.

5.3 Effect of Termination. Termination does not affect Referrer’s right to receive commissions for Referrals made prior to termination.

6. Warranties and Representations

Each Party represents that it has the power and authority to enter into this Agreement and that it will comply with all applicable laws in performing its obligations.

7. Limitation of Liability

Except for obligations to pay commissions or breaches of confidentiality, neither Party shall be liable for indirect, incidental, or consequential damages.

8. Miscellaneous

8.1 Independent Contractor. Referrer is an independent contractor, not an employee, partner, or agent of Company.

8.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to its subject matter.

8.3 Amendments. Any amendment must be in writing and signed by both Parties.

8.4 Governing Law. This Agreement shall be governed by the laws of the State of [State/Country].

IN WITNESS WHEREOF, the Parties have executed this Referral Commission Fee Agreement as of the Effective Date.

Company:Signature: ___________________________Name: ______________________________Title: ______________________________Date: ______________________________

Referrer:Signature: ___________________________Name: ______________________________Title: ______________________________Date: ______________________________

Exhibit A – Commission Structure and Terms

Products/Services Eligible for Commission: [ ]

Commission Percentage: [ ]%

Payment Schedule: [monthly/quarterly]

Tracking Method: [unique code, email referral, form, etc.]

Related Business Contract Templates