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Referral Agreement
"I need a referral agreement for a sales consultant who will refer clients over a 12-month period, earning a 5% commission on each sale, with monthly performance reviews and a 30-day termination notice."
What is a Referral Agreement?
A Referral Agreement sets up a formal partnership where one party gets rewarded for directing clients or customers to another business. Under Philippine contract law, these agreements spell out how referral fees or commissions will be paid, often used by real estate agents, financial advisors, and professional service firms.
These contracts must follow Philippine Competition Commission guidelines to avoid unfair business practices. The agreement typically covers key details like payment terms, referral tracking methods, confidentiality rules, and the specific services or products involved. Many Filipino businesses use them to expand their reach while protecting both parties' interests.
When should you use a Referral Agreement?
Use a Referral Agreement when building business partnerships that involve directing customers between companies in the Philippines. It's especially valuable for professional service firms, real estate agencies, and financial advisors who want to create formal referral networks while staying compliant with Philippine Competition Commission rules.
The agreement becomes essential when expanding your client base through partnerships, protecting commission structures, or establishing clear tracking systems for referrals. Many Filipino businesses implement these agreements before starting referral programs, particularly when dealing with high-value transactions or when multiple parties are involved in client acquisition chains.
What are the different types of Referral Agreement?
- Real Estate Referral Fee Agreement: Specifically designed for property transactions, outlining commission splits between agents and brokers
- Lead Referral Agreement: Focuses on B2B lead generation with defined compensation for qualified prospect introductions
- Buyer Referral Agreement: Used in retail and e-commerce to reward partners for directing purchasing customers
- Referral Partner Program Agreement: Comprehensive framework for ongoing referral partnerships with multiple tiers and rewards
Who should typically use a Referral Agreement?
- Business Owners: Small to medium enterprises looking to expand their customer base through formal referral networks
- Real Estate Professionals: Brokers, agents, and property developers who share leads and split commissions
- Financial Advisors: Investment specialists and insurance agents establishing client referral systems
- Legal Counsel: Corporate lawyers who draft and review agreements to ensure compliance with Philippine competition laws
- Professional Service Firms: Accountants, consultants, and business advisors building referral partnerships
- Marketing Agencies: Digital marketers and lead generation companies managing client referral programs
How do you write a Referral Agreement?
- Party Details: Gather complete business information, tax identification numbers, and authorized representatives for both referrer and recipient
- Compensation Structure: Define exact referral fees, commission rates, and payment terms including Philippine tax considerations
- Service Scope: Outline specific products or services covered, target customer profiles, and territory limitations
- Performance Metrics: Establish clear criteria for qualified referrals and tracking methods
- Compliance Check: Review Philippine Competition Commission guidelines and industry-specific regulations
- Documentation System: Set up referral tracking, reporting templates, and payment verification procedures
What should be included in a Referral Agreement?
- Identification Clause: Complete legal names, addresses, and tax identification numbers of all parties
- Scope of Services: Detailed description of referral activities, qualifying criteria, and territorial limits
- Compensation Terms: Clear payment structure, commission rates, and timing of payments under Philippine tax laws
- Confidentiality: Protection of business information and customer data following Philippine privacy regulations
- Term and Termination: Agreement duration, renewal options, and conditions for ending the partnership
- Dispute Resolution: Choice of Philippine law, jurisdiction, and mediation procedures
- Non-Compete Clause: Fair competition provisions aligned with Philippine Competition Commission guidelines
What's the difference between a Referral Agreement and an Affiliate Agreement?
A Referral Agreement differs significantly from an Affiliate Agreement in several key aspects under Philippine law, though both involve business partnerships for customer acquisition.
- Payment Structure: Referral Agreements typically involve one-time fees for specific client introductions, while Affiliate Agreements usually offer ongoing commissions for continuous sales or traffic
- Relationship Type: Referral partners often maintain direct client relationships and professional reputations, whereas affiliates usually operate through automated tracking systems and marketing links
- Legal Obligations: Referral Agreements require more detailed client protection clauses and professional conduct standards, particularly important under Philippine privacy laws
- Marketing Control: Referral partners typically have limited marketing freedom, while affiliate agreements grant broader promotional rights with specified guidelines
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