Referral Payment Agreement

Referral Payment Agreement Template for United States

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Key Requirements PROMPT example:

"I need a Referral Payment Agreement for my software consulting business that will pay external consultants a 10% commission for referring new clients to us, with quarterly payments starting from March 2025."

Document background

A Referral Payment Agreement is essential for businesses seeking to formalize their referral relationships and ensure compliance with U.S. legal requirements. This contract type specifically addresses how referrals will be tracked, verified, and compensated, while maintaining transparency and regulatory compliance. The agreement is particularly important in regulated industries where referral payments must adhere to specific legal frameworks. It helps prevent disputes by clearly defining the terms of the referral relationship and establishing proper documentation procedures.

Suggested Sections

1. Parties: Identification of the referrer and recipient parties, including full legal names and addresses

2. Background: Context and purpose of the referral arrangement, including the business relationship between parties

3. Definitions: Key terms used throughout the agreement including 'Referral', 'Qualified Lead', 'Payment Period', etc.

4. Referral Terms: Specific mechanics of how referrals will work, including qualification criteria and process

5. Payment Terms: Payment amounts, calculation methods, payment schedule, and conditions for payment

6. Term and Termination: Duration of the agreement and conditions for termination or renewal

7. Representations and Warranties: Statements of fact and promises made by each party regarding their capacity and authority

8. Confidentiality: Obligations regarding protection of confidential information shared during the referral process

9. General Provisions: Standard legal provisions including governing law, notices, and amendment procedures

Optional Sections

1. Non-Compete: Restrictions on competing referral arrangements and duration of such restrictions

2. International Provisions: Special terms for cross-border referrals including currency, tax, and regulatory compliance

3. Industry-Specific Compliance: Special compliance requirements for regulated industries like healthcare or real estate

4. Intellectual Property: Terms regarding use of trademarks, logos, and other IP in the referral process

5. Data Protection: Specific provisions regarding handling of personal data and compliance with privacy laws

Suggested Schedules

1. Schedule A - Payment Schedule: Detailed breakdown of payment rates, tiers, and calculation methodologies

2. Schedule B - Referral Process: Step-by-step process for making and tracking referrals, including required documentation

3. Schedule C - Compliance Checklist: Industry-specific compliance requirements and procedures

4. Schedule D - Reporting Templates: Standard forms and formats for tracking and reporting referrals

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Agreement

Effective Date
Confidential Information
Intellectual Property Rights

Territory
Services

Client
Referral Source

Business Day
Force Majeure Event
Term
Termination Date

Payment Schedule

Clauses

Relevant Industries

Real Estate
Professional Services
Healthcare
Financial Services
Technology

Relevant Teams

Business Development
Sales
Legal
Finance
Compliance

Relevant Roles

Business Development Manager
Sales Director
Partnership Manager
Compliance Officer
Chief Revenue Officer

Industries

Federal Anti-Kickback Statute: Federal law that prohibits the exchange (or offer) of anything of value in an effort to induce or reward the referral of federal healthcare program business

Foreign Corrupt Practices Act: Federal law concerning international referrals and payments, prohibiting the payment of bribes to foreign officials to assist in obtaining or retaining business

Federal Trade Commission Act: Legislation that prohibits unfair methods of competition and unfair or deceptive acts or practices in business

Internal Revenue Code: Federal tax law governing the reporting and taxation of referral payments and commissions

State Anti-Kickback Laws: State-specific regulations prohibiting improper payment arrangements for referrals, which may be more stringent than federal laws

State Business Referral Regulations: State-specific rules governing business referral arrangements and payment structures

State Licensing Requirements: Regulations regarding necessary licenses and permits for specific industries involved in referral arrangements

State Consumer Protection Laws: Laws designed to protect consumers from unfair practices, including requirements for disclosure of referral relationships

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate referral fees and kickbacks in residential real estate transactions

Securities Laws: Federal and state regulations governing referral arrangements in the financial services industry

HIPAA: Health Insurance Portability and Accountability Act - Federal law governing privacy and security of healthcare information in referral arrangements

State Contract Formation Requirements: State-specific legal requirements for creating valid and enforceable contracts

Statute of Frauds: Legal doctrine requiring certain types of contracts to be in writing to be enforceable

Sherman Antitrust Act: Federal law prohibiting monopolistic business practices and anti-competitive agreements

Clayton Act: Federal law supplementing the Sherman Act, addressing specific practices not explicitly covered by the Sherman Act

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