Referral Partnership Agreement
Definition of a referral partnership agreement
A referral partnership agreement involves a form of joint venture where a product or service seller will pay a commission to a third-party for every sale they make. The third-party in this context is known as the referrer. For instance, a financial advisor being the seller pays a 5% commission fee to a mortgage broker, the referee, for every client they successfully refer to. This is a powerful sales strategy as third parties are incentivized to refer leads in exchange for fees, and the seller generates more top-line revenue by giving up a percentage of their sales.
Therefore, a referral partnership agreement is a formal contract between a seller and a referrer to capture the terms and conditions of how referral sales are measured, paid, and coordinated. Often, a broker introduces a buyer and seller of services or goods, real estate sellers and buyers, or potential employee and employer.
Significance of a referral partnership agreement
Joint venture marketing is an ancient strategy that’s been around for a while now. The problem is, most of these deals are made under the table or through handshake promises. The challenge with these loose arrangements is that commission payments can get missed, or there’s no transparent process to track leads accurately, often resulting in disputes. A referral contract keeps everything above board and is a point of reference to hold all parties accountable to what they initially agreed. The referral partnership agreement brings order and fairness to the joint venture relationship, limiting escalations throughout.
Using referral fee agreements
A referral partnership agreement is among the commonly used documents. Theis depends on the focus on the referral commissions as a strategy for growth. Further, a referral partnership agreement comes in handy when a third party expresses earnest interest in the joint venture. Such could be done remotely or in-person. In such cases, one needs to introduce the contract to get consent from the likely referees.
Establishing a referral partnership agreement also helps in saving time so that one can focus on establishing valuable business relationships. Further, a referral partnership agreement is such a powerful document that challenges one to be clear on the marketing channels to scale one’s growth.
Suitable practices when using a referral partnership agreement
Partners ought to be methodical and cautious when integrating a referral partnership agreement into their business. Some of the terms identifies include:
- Getting face-to-face with new referral partners
When presenting a referral partnership agreement, it is best to do it in person. The preceding could mean virtually or in-person. More importantly, connecting with partners on such a personal level is important since it helps in establish relationships, explaining how the service or product works, and getting comfortable with the contract terms.
Therefore, partners should hold meetings with the other potential partners and get their approval for everything in your agreement. Doing so helps in managing the expectations and restricting any confusion moving forward in your business relationship. As a bonus, connecting with partners also keeps your brand front of mind, which will ultimately help with generating more sales.
- Being specific with the referral partnership agreement structure
The most significant part of the referral partnership agreement is the commission rate. How one determines revenue share is wholly based on the structure of running the business and what one can afford to keep up the sales. However, the more precise one can be in the fee structure, the clearer the agreement. Referees and sellers alike could start forecasting revenue around a referral fee motivating all parties to drive sales.
Further, too complicated commission structures often create confusion for partners hence not as motivating for them. It thus aids in keeping the fee structure straightforward with a flat fee or fixed percentage for each referral.
- Being transparent
When presenting one’s referral partnership agreement to potential partners, one should elaborately explain the structure and rationale of the same. For instance, if one has a confidentiality clause regarding the use and preservation of marketing materials, the importance of the same should be explained.
The partners should also be open regarding the transactions that aid the business make revenue and what role partners play in sustainability. Being transparent about the referral partnership agreement will aid in building trust with partners and getting valuable feedback. This feedback relates to what’s working and what isn’t when it comes to recommending one’s offerings. Such feedback can also be used to improve one’s service or product, commission’s structure, among others.
Contents of a referral partnership agreement
- Parties
The referral partnership agreement should outline the precise parties, date of establishment and addresses of the parties. It should also list the business of the seller. Further, it should state the referrer has contacts with certain persons that have agreed to act as intermediaries for finding clients for the seller and their services.
- Term
A referral partnership agreement should also outline the effective date of signing of the agreement and the date of conclusion of the agreement. It may also include whether upon termination the agreement will eb automatically renewed.
- Termination
It is important that the referral partnership agreement lists the occasions that will prompt the termination of the agreement. For instance, when one of the parties breaches the agreement. The second is upon issuance of notice by one of the parties to the rest.
- Relationship between parties
Parties may agree that the referrer in an independent contractor and provides services as such. In such instances, the referrer will not be considered an employee under any instance.
- Payment and Fees
The parties may also agree that the referrer will receive commission for every referral. They could agree that the referrer will provide an invoice to the seller every certain day of the month or day for the services completed. The parties should also agree the mode of payment under the referral partnership agreement.
- Confidentiality
Parties should also agree that the terms and condition of the agreement and any other materials provided during the agreement terms should be confidential. Further, referrers are not entitled to use the information provided to them after the conclusion of the agreement for several years. Disclosure or use of the information for any purpose beyond the agreement’s scope or exceptions set forth is forbidden without the seller’s consent.
Further, the referral partnership agreement provides that using such information for purposes beyond the scope of the agreements is forbidden. The consent of the seller must thus be obtained. The referrer is also prevented from using the seller’s information for advertisements of promotional activities without the seller’s consent. Further, a referrer is also prevented from using intellectual property provided to the, by the seller without the seller’s written consent.
- Limitation of Liability
An effective referral partnership agreement will also highlight that the parties will not be liable for special, indirect, consequential, or punitive damages that arise from the agreement. Other transactions that the parties will not be liable for include negligence, contract, tort, among others.
- Indemnity
Parties also agree to not indemnify and hold one another accountable. Such applies to affiliates, officers, agents, successors, and employees. However, they agree that in exceptional circumstances they may be held liable for losses, damages, liabilities, punitive damages, penalties, and other reasonable damages. Such includes but is not limited to amounts that may result from the negligence of or breach of the agreement.
- Resolution of disputes
Parties signing a referral partnership agreement also agree that in case of any difference and disputes they shall submit the same to mediation. Other forms of dispute resolution include negotiation and arbitration.
- Governing Law’
The agreement should also be keen to highlight the law that will govern the agreement.
- Severability
The agreement also provides what happens if some provisions is found unenforceable and void by a court of competent jurisdiction. Severability demands that the rest be enforced in accordance with the intention of the parties.
- Entire Agreement
A referral partnership agreement also contains a clause stating that the agreement is a representation of the contract. Hence supersedes all initial understandings, agreement, conditions, and inducements. The preceding is despite them being express or implied, written or oral regarding the subject matter. Therefore, the express terms always supersede other performances or usage of trade in conflict with them.
- Amendments
Parties often agree that all amendments should be in writing and signed by all parties to the agreement. Therefore, such amendments could be applied to the agreement.
- Signature and date
The agreement should conclude with the signature and date terms. The signing by the partners denotes that the parties agree to the terms and conditions set forth in the agreement. Therefore, both the seller and referrer should sign the agreement. In extreme circumstances, witnesses may be called upon to sign the agreement.
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