Referral Agreement

REFERRAL AGREEMENT

Between << Referrer Name>> and <<Seller Name>>

PARTIES

• This Referral Agreement (hereinafter referred to as the “Agreement”) is entered into on 04^th March 2024 (the “Effective Date”), by and between <<Referrer Name>>, with an address of ___________________ (hereinafter referred to as the “Referrer”), and <<Seller Name>>, with an address of___________________ (hereinafter referred to as the “Seller”) (collectively referred to as the “Parties”).
• The Seller is in the business of << mention the Seller main line of business>>.
• The Referrer has agreed to act as an intermediary finder of clients for the Seller and their services.

TERM AND TERMINATION

• This Agreement shall be effective on the date of signing this Agreement (hereinafter referred to as the “Effective Date”) and will continue until terminated in writing by either party as set out below.

RELATIONSHIP BETWEEN PARTIES

• Hereby, the Parties agree that the Referrer in this Agreement is an independent contractor where the Referrer provides the services hereunder and acts as an independent contractor. Under no circumstances shall the Referrer be considered an employee.
• Whereas, this Agreement does not create any other partnership between the Parties.

PAYMENT AND FEES

• The Parties agree that the Referrer will receive a percentage-based commission on successful referrals. Commission is to be defined as 10% (plus any applicable sales tax, such as VAT) of gross revenue received by the Seller from any parties introduced by the Referrer, continuing until such time as said parties cease trading with the Seller. Sources of revenue include (but are not limited to) sales fees and any other fees.
• The Parties agree that the means of payment will be via bank transfer and settled monthly in arrears. The Parties agree that the Seller will provide the Referrer with a monthly commission calculation along with suitable evidence where applicable.

CONFIDENTIALITY

• All terms and conditions of this Agreement and any materials provided during the term of the Agreement must be kept confidential by the Referrer, unless the disclosure is required pursuant to the process of law.
• The Referrer may use the Seller’s information for advertisements and promotional activity only with the Seller’s written consent.

LIMITATION OF LIABILITY

• Under no circumstances will either party be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) in case such is not related to the direct result of one party’s negligence or breach.

INDEMNITY

• The Parties agree not to indemnify and hold one another harmless. This also applies to their affiliates, agents, officers, employees, and/or successors. The Parties in this Agreement hereby in addition agree to assign against all (if any) claims, liabilities, damages, losses, penalties, punitive damages, expenses, any reasonable legal fees and/or costs of any kind or any amount that may arise. This includes, but is not limited to, any amount which may result from the negligence of or the breach of this Agreement by the party that is indemnified, its successors and assigns that occurs in terms of this Agreement.
• This section will remain in full force and tact as well as effect even upon the termination of the Agreement naturally or the early termination by either of the Parties.

SEVERABILITY

• In an event where any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain to be enforced in accordance with the Parties’ intention.

ENTIRE AGREEMENT

• This Agreement contains the entire Agreement and understanding among the Parties hereto with respect to the subject matter hereof, and supersedes all prior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

AMENDMENTS

• The Parties agree that any amendments made to this Agreement must be in writing where they must be signed by both Parties to this Agreement.
• As such, any amendments made by the Parties will be applied to this Agreement.

SIGNATURE AND DATE

• The Parties hereby agree to the terms and conditions set forth in this Agreement and such is demonstrated throughout by their signatures below: