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]