Mutual referral and commission agreement

Price:  £34.50(Inc. 20% VAT)(£28.75 Exc. VAT)

This document covers the situation in which each party to two businesses may each refer clients to the other.

Author: Alasdair Taylor
Updated: 11 May 2023
Length: 14 pages
Notes: 13 pages
Format: MS Word (.DOCX)

A party to this agreement may refer customers to the other party in return for commission payments by the other party.

There may be restraints imposed on the referral rights. For instance, the referring party’s rights to sell the other party’s services may be restricted to specific countries. Also, referrals may be restricted by reference to the kinds of services to be provided by the party who accepts the referrals.

The agreement assumes that parties operate some kind of register to track referrals. The fundamental principle is that the commission is paid only with regards to clients that are attributed to the appropriate party in this tracking register. No commission will be paid if a customer is assigned in the referral tracking register to another person at the time of the referral.

In a case where the commission fees are payable with respect to the provision of physical goods, this agreement should not be used. Similarly, it should not be used with regards to relationships subjected to the law of agency.

  1. Definitions
  2. Term
  3. Second Party Referrals
  4. Referrals by First Party
  5. No exclusivity
  6. Mutual obligations
  7. Second Party Commission
  8. First Party Commission
  9. Interest
  10. Audit
  11. Confidentiality obligations
  12. Publicity
  13. Warranties
  14. Limitations and exclusions of liability
  15. Termination
  16. Effects of termination
  17. Non-solicitation of personnel
  18. Notices
  19. General
  20. Interpretation

A copy of this mutual referral and commission agreement is included in the following pack:

Be the first to write a review of this template using our brand new review system.