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Referral Agreement template

A referral agreement sets the fee a business pays a referrer for qualified customer introductions, how referrals are registered and tracked, and when the fee is earned and paid.

A referral agreement is a contract in which a business pays a partner (the referrer) a fee for introducing customers who go on to buy. It defines what counts as a qualified referral, how much is paid and when, and how referrals are tracked. You need one before the first introduction, so nobody argues later about who brought whom.

Use this template — sign onlineOpens as a ready-to-send document with signature fields placed.
Replace everything in [BRACKETS], export to PDF, then send it for signature.

1. Parties

This Referral Agreement (the "Agreement") is made on [DATE] between [COMPANY NAME], of [COMPANY ADDRESS] (the "Company"), and [REFERRER NAME], of [REFERRER ADDRESS] (the "Referrer"), together the "Parties".

2. Referrals

The Referrer may introduce potential customers for the Company's [PRODUCTS / SERVICES]. A "Qualified Referral" is a person or business that: (a) the Referrer registers with the Company by [METHOD, e.g. email to ADDRESS, the referral form, or a tracking link] before the Company is introduced; (b) is not already a customer of, or in active discussions with, the Company; and (c) signs a paid contract with the Company within [NUMBER] days of registration.

3. Referral Fee

For each Qualified Referral, the Company will pay the Referrer [AMOUNT / PERCENTAGE% OF FEES COLLECTED FROM THE CUSTOMER DURING THE FIRST NUMBER MONTHS]. No fee is payable on taxes, refunds, chargebacks, or amounts the customer does not pay.

4. Payment

Referral fees are earned when the Company receives payment from the customer and are paid [MONTHLY / QUARTERLY] within [NUMBER] days after the end of the period, with a statement showing each Qualified Referral and the amount due. If a customer obtains a refund, the Company may deduct the related fee from future payments.

5. Disputes Over Attribution

If two referrers register the same potential customer, the first valid registration received by the Company prevails. The Company's records of registrations are presumed accurate unless shown otherwise. The Company may decline any referral, at its discretion, by notifying the Referrer within [NUMBER] days of registration.

6. Referrer's Role

The Referrer is an independent contractor, not an employee, agent, or partner of the Company, and has no authority to make promises or sign contracts on the Company's behalf. The Referrer will describe the Company's offerings accurately, will use only materials the Company approves, and will disclose its referral relationship where the law requires (for example, in online endorsements).

7. Non-Circumvention

The Company will not knowingly avoid paying a referral fee by dealing with a Qualified Referral through another entity or by delaying a contract until the registration expires.

8. Compliance

Each Party will comply with applicable laws, including anti-bribery, privacy, anti-spam, and any licensing rules for its industry. The Referrer confirms that receiving referral fees for these products or services is lawful for the Referrer and the customer's industry.

9. Confidentiality

The Referrer will keep the Company's pricing, customer information, and other non-public information confidential and use it only to perform this Agreement.

10. Term and Termination

This Agreement begins on the date above and continues until terminated by either Party with [NUMBER] days' written notice. Fees for Qualified Referrals registered before termination remain payable under section 3.

11. General Terms

Each Party is responsible for its own taxes on amounts it receives. This Agreement is governed by the laws of [GOVERNING LAW JURISDICTION], is the entire agreement between the Parties about referrals, and may be changed only in writing. The Parties agree that this Agreement may be signed electronically and in counterparts, each of which is an original and all of which together form one agreement.

12. Signatures

COMPANY: [COMPANY NAME] Signature: ____________________ Name and title: [SIGNATORY NAME, TITLE] Date: [DATE] REFERRER: [REFERRER NAME] Signature: ____________________ Date: [DATE]

Our take: Our take: almost every referral dispute is about attribution, not the fee. Decide upfront how a referral is registered (an email, a tracking link, a form), how long it stays valid, and what happens if the customer was already talking to you. Pay on collected revenue rather than signed deals, so you never pay for a customer who never paid you. Be careful in regulated fields: real estate, insurance, financial services, legal, and healthcare restrict or prohibit referral fees to unlicensed people. If the partner will actively sell for you, a commission agreement fits better, and a broader collaboration may need a marketing agreement.

When should you use a referral agreement?

  • When a partner, consultant, or customer introduces new clients to your business
  • When agencies or freelancers refer work to each other for a finder's fee
  • When launching a formal partner or ambassador referral program
  • When you want written rules on attribution before introductions start

How do you fill in this template?

  1. Decide how referrals are registered and how long a registration stays valid.
  2. Set the fee as a flat amount or a percentage of collected revenue, and the payout schedule.
  3. Check whether referral fees are restricted in your industry or the referrer's.
  4. Adjust the attribution and termination rules to fit your partner program.
  5. Upload the agreement to eSignSimple, save it as a template, and send it to each new referral partner.

How do you get it signed online?

  1. Save it as Word or PDF. Paste the filled-in text into Word or Google Docs and keep it as a .docx file, or export it as a PDF. eSignSimple accepts both, plus DOC, ODT and RTF, up to 25 MB; Word files are converted to PDF on upload.
  2. Upload and place the fields. Sign up with Google, upload the file and drag signature, initials, date and text fields onto the page for each signer. Set a signing order if one party must sign first.
  3. Send it for signature. Each signer gets a private link and signs in the browser without creating an account. Automatic email reminders go out every three days (up to three) until everyone has signed.
  4. Keep the signed copy. When the last person signs, everyone can download the final PDF with a certificate of completion, an audit trail and a SHA-256 fingerprint you can verify later.

Signing on your own device only? The guide to signing a PDF covers the free built-in options, and the security page explains how signed files are stored and verified.

This template is general information, not legal advice. Laws differ by country and state; have a lawyer review contracts with high stakes.

Written by Buğra Sözeri, founder and editor, eSignSimple · Last reviewed

Buğra builds eSignSimple and writes and maintains its guides. He researches each legal page against the official texts linked on it and updates pages when the law or the product changes. He is not a lawyer, and nothing here is legal advice. About eSignSimple

Frequently asked questions

What is a typical referral fee?

It varies widely by industry: often 5% to 20% of first-year revenue for services, or a flat fee per customer. Pick something you can afford on collected revenue.

Are referral fees always legal?

Not always. Real estate, insurance, financial services, legal, and healthcare restrict or ban fees to unlicensed referrers. Check the rules before agreeing to pay.

What is the difference between a referral and a commission agreement?

A referrer makes an introduction and steps back. A commission agreement covers someone who actively sells on your behalf and is paid on the sales they close.

Do referrers need to disclose they're paid?

Often, yes. In the US, the FTC expects endorsers to disclose a material connection, such as a paid referral relationship, when they promote you publicly.

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