Referral Fee Agreement

The data protection provisions in this document have been updated with reference to the UK GDPR.

This Referral Fee Agreement is for use where a supplier of goods or services (the "Client") wishes to engage another as a referrer of new customers to the Client (in return for a fee - see below) in order to generate more sales and increase the Client's customer base.

A referrer differs from an agent as a referrer does not do any selling of the Client's products or services or pass orders on to the Client or accept any orders on behalf of the Client or supply any goods or services, but rather will refer a potential customer on, either simply informing him of the goods or services provided by the Client, or by actively passing contact details and so forth on to the Client. Once the referral is made, the referrer has no further role in the relationship between the Client and the customer.

This template is designed for use where the Client does not have in mind any one particular customer to target, but rather is simply seeking to obtain new customers and widen its client base or sell into a new market. If you require an agreement which is designed for the situation where the supplier is targeting a specific customer or type of customer, you should use one of the Introducer Agreements.

This document can be set up so as to operate on a fixed fee or percentage basis, with payment upon the introduction itself, or upon the first transaction, or both. The inclusion of a Fee Structure at Schedule 1 also permits more detailed or complex fee arrangements to be incorporated. The "Fees and Payment" clause can be structured so that should the introducer fail to introduce any new business he will earn no fee.

This template and the Commission Agreement are less detailed than the other agreements in this subfolder. You may therefore instead wish to use one of the other documents in this subfolder.

This agreement has not been created in accordance with FSA rules or the Financial Services and Markets Act 2000, and as such makes no reference or commitment to abiding by them. This agreement therefore is unsuitable for the introduction of clients for financial services, such as insurance products or investment advice.

This Referral Fee Agreement contains the following clauses:

1. Definitions and Interpretation
2. Appointment of Introducer
3. Introduction of Prospective Clients
4. Obligations of the Company
5. Fees and Payment
6. Relationship of the Parties
7. Non-Competition
8. Confidentiality
9. Data Protection
10. Non-Circumvention
11. Termination
12. Nature of Agreement
13. Notices & Service
14. Set Off
15. Jurisdiction

And Schedules:

Schedule 1: Fee Structure
Schedule 2: Product Schedule
Schedule 3: Each Party's Privacy Notice

Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the agreement.

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