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The exclusivity clause prevents both parties in a referral agreement from entering into a similar arrangement with a competitor. Although the term may restrict future opportunities, if both parties benefit from exclusivity, it is reasonable to use it.
A referral or finder's agreement to be entered into by a seller of goods or service provider to pay a referral fee, also called a finder's fee, to anybody who makes an introduction or discovers an opportunity that results in a sale.
A Referral Fee Agreement is used when people have knowledge and contacts in a certain field and want to be paid for making successful introductions to others. Most often, a broker will introduce a buyer and seller of goods or services, real estate buyer and seller, or employer and potential employee.
At minimum, every referral fee agreement should include the following key elements : An explanation of how referrals will take place. ... Details on referral compensation. ... Information on when a referral fee is not required. ... Dates indicating the term of the agreement. ... Confidentiality information.
Should the referral recipient agree to work with the recommended client, this section should explain how the party responsible for the referral should be compensated. Known as the referral fee, this payment may be identified as a flat fee or as a percentage of the profit from said client.