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Referral Agreement

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Good referrals can be great for business – they are a valuable and reliable source of revenue. A referral agreement is used when a referrer refers potential clients or customers to a business in exchange for a fee. This agreement governs the relationship between the referrer and the business or individual receiving referrals and ensures everything runs smoothly.

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Frequently Asked Questions

This referral agreement includes:

  • Customisable Details: ability for the parties to customise the referral fees, referral process, referral period and the types of services and/or products that qualify for a referral fee. Ability to clearly stipulate any exclusions.
  • Referrer Obligations: a requirement for the referrer to not make false or misleading representations, to act with care and skill and comply with the business’ reasonable directions.
  • Referral Process: an outline of the referral process including the ability for the business to refuse referrals for existing clients.
  • Referral Fees: a requirement for the business to pay a referral fee which can be either based on a set amount or a percentage of revenue. Customise as relevant.
  • Intellectual Property: a licence is given to the referrer to use any of the Business’ background IP for the purposes of performing the services and where agreed in writing. Please refer to the drafting note in the document for more information on this point.
  • Confidentiality: an obligation for each party to keep the others information confidential.
  • Termination: an ability for either party to terminate by giving notice or if the other party breaches the agreement. The consequences of termination.
  • Indemnity: the referrer is required to indemnify the business in certain situations.
  • Special conditions: a place for you to include any additional information which is not already included in the agreement

It is important to clearly stipulate what is excluded from qualifying for a referral. The Agreement already excludes existing clients of the Business (see definition) but you may wish to elaborate further including: referrals with no financial transaction, referrals from prohibited countries where the business does not operate; non-qualified leads (e.g. referrals that do not meet certain minimum criteria around financial standing, industry type of specific needs) or time restricted referrals (if the lead does not convert within a specific time).

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Disclaimer
Cherrypicka is not a law firm and we do not provide legal advice. No client / solicitor relationship is formed between you and us when you purchase and use our templates. Our templates are general in nature. They may not cover every situation or law that applies to you or your specific circumstances. If you have any questions, concerns or are unsure whether the template is right for you or your business, you must see a qualified lawyer before using our templates. Our templates are not intended to be a substitute for legal advice. Our templates are based on laws current at the time of purchase and are based on Australian law. They are not suitable for use outside of Australia.

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