In a world where opportunities increasingly arise throughrecommendations, the business referral agreement plays a key role in securing partnerships. Whether it’s in real estate, brokerage, wealth management, or even creative fields like interior design or architecture, a well-targeted introduction can open many doors—as long as it’s properly structured.
That’s where the business referral agreement comes in. Often overlooked or rushed, this contract is actually the cornerstone of a healthy, transparent, and effective collaboration between a referrer and a business or professional.
Business referral: an introduction, not a commercial assignment
Before diving into the contract, it’s useful to clarify what a business referral is—and what it’s not. A business referrer acts as a facilitator. They don’t sell, don’t negotiate, and don’t sign anything. They simply introduce two parties. If the introduction leads to a signed deal, they may receive a pre-agreed commission.
They are not a commercial agent or an employee. And that must be explicitly stated in the agreement, or the collaboration risks being reclassified (by tax or labor authorities).
What is the purpose of a business referral agreement?
This agreement is far from a mere formality. It serves to:
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Avoid misunderstandings about what was referred, when the commission is due, and the amount.
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Provide legal protection for both parties. A written contract is your best shield in case of dispute or bad faith.
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Professionalize the relationship. A well-structured and recognized referrer works better, brings more leads, and becomes a true development partner.
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Clarify the scope of collaboration: what the referrer can or cannot do, who they can contact, in what regions, and for what type of business.
What should a solid business referral agreement include?
There’s no universal template, but some elements are absolutely essential:
1. Identity of both parties
Full names, legal statuses, registration numbers (e.g., SIRET), and business addresses.
2. Purpose of the contract
State clearly that it is a business referral agreement, which involves introducing potential clients without any commercial transformation obligation on the referrer’s part.
3. Scope of the referral
What kind of clients or projects can be referred? Are there limitations in terms of industry, services, or geography? Clarify this to avoid ambiguity.
4. Referrer’s obligations
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Use only legal and ethical means to recommend the professional.
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Avoid aggressive or misleading marketing.
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Refrain from providing technical, legal, or financial advice.
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Do not present themselves as an employee or representative.
5. Recipient company’s obligations
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Inform the referrer when a lead has been converted.
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Pay the commission as agreed.
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Avoid bypassing the referrer to avoid payment.
6. Compensation
Compensation can be:
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Flat-rate (e.g., €500 per signed client),
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Proportional (e.g., 10% of collected fees),
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Mixed, depending on the business value.
Be sure to define when the payment is due (e.g., contract signed, invoice paid) and the payment timeline (e.g., within 30 or 60 days).
7. Duration of the agreement
It may be fixed-term or indefinite, but should include a post-collaboration protection period: e.g., any referred contact remains linked to the referrer for 12 months after termination.
8. Confidentiality clause
To protect any shared data, contacts, or information—especially in sensitive fields like finance or healthcare.
9. Non-subordination clause
To clearly exclude any employer-employee relationship or commercial mandate.
10. Jurisdiction clause
In case of dispute, specify which court will be competent (usually the one where the recipient business is based).
Want to know how this applies in specific sectors? Read our guide on real estate referrals.
How is the commission calculated?
The commission depends on the value of the referral and common practices in the sector. Here are some examples:
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A client referred for a €100,000 life insurance policy may result in a €300 to €1,000 commission.
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Referring an investor for a major real estate project can bring in €1,000 to €3,000, or more.
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In B2B or tech sectors, commissions may range from 5% to 10% of the sale, depending on margins.
What matters most: everything must be documented and signed by both parties before the referral is made.
Common mistakes to avoid
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Not signing a contract: this is the most frequent—and risky—mistake.
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Vague or unmeasurable compensation terms.
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Unintentional creation of subordination: imposed hours, reporting duties, instructions—these may suggest disguised employment.
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Unlawful prospecting: beware of illegal lead generation or non-compliance with GDPR.
In Summary
A well-written business referral agreement is the foundation of a reliable, loyal, and profitable collaboration. It secures both parties, values recommendations, and allows everyone to focus on what they do best.
Are you a business looking to activate your network? Structure your partnerships.
Are you a referrer? Protect yourself and demand clarity.
A good contract means fewer issues, more trust, and better results.