Referral Agreement Template for Germany

A Referral Agreement creates a formal partnership where one party gets rewarded for directing customers or clients to another business. Under German commercial law (Handelsgesetzbuch), these contracts spell out how referral fees or commissions are earned, when payments happen, and what each side must do to keep the arrangement valid.

German businesses often use these agreements to expand their reach through partner networks, especially in sectors like financial services, real estate, and consulting. The agreement must follow strict German data protection rules (DSGVO) when sharing customer information and clearly state any licensing requirements or professional standards that apply to the referral process.

Use a Referral Agreement when building business partnerships that involve directing customers between companies in Germany. This becomes essential for financial advisors sending clients to specialized services, real estate agents working with property managers, or consultants partnering with complementary service providers. The agreement protects both parties and ensures compliance with German referral fee regulations.

The timing is particularly important when expanding into new markets through partner networks, or when starting arrangements that involve regular client referrals. German law requires clear documentation of commission structures and data handling procedures before any referral activities begin, making this agreement a crucial first step in formalizing these business relationships.

• Referral Contract: Basic agreement for one-way referral relationships, commonly used in professional services
• Broker Referral Agreement: Specialized for real estate and financial intermediaries, including specific commission structures
• Finders Fee Agreement: Focuses on one-time introductions with fixed compensation terms
• Finder Fee Agreement For Sales Leads: Tailored for ongoing sales lead generation with performance-based rewards
• Reciprocal Referral Agreement: Mutual referral arrangement where both parties exchange client recommendations

• Business Owners & Entrepreneurs: Primary parties who establish referral networks and set commission structures
• Financial Advisors: Often use Referral Agreements to connect clients with specialized investment or insurance services
• Real Estate Professionals: Brokers and agents who formalize property referral relationships
• Legal Counsel: Draft and review agreements to ensure compliance with German commercial law
• Marketing Agencies: Create partner networks for client referrals across different service areas
• Compliance Officers: Monitor referral activities and ensure adherence to data protection regulations
• Professional Service Providers: Consultants, accountants, and specialists building referral partnerships

• Basic Details: Gather full legal names, business addresses, and tax ID numbers of all parties involved
• Service Scope: Define exactly what types of referrals will be made and any industry-specific requirements
• Commission Structure: Determine payment amounts, calculation methods, and payout schedules
• Data Protection: Outline how customer information will be handled in compliance with DSGVO requirements
• Duration Terms: Decide on agreement length, renewal conditions, and termination procedures
• Quality Standards: Establish minimum service levels and performance expectations
• Documentation: Plan how referrals will be tracked and verified between parties
• Platform Tools: Use our template generator to ensure all German legal requirements are met automatically

• Party Information: Complete legal names, addresses, and registration details of all involved businesses
• Service Definition: Clear description of referral activities and performance expectations
• Compensation Terms: Detailed commission structure, payment timing, and calculation methods
• Data Protection Clause: DSGVO-compliant procedures for handling customer information
• Duration & Termination: Agreement period, renewal options, and exit conditions
• Confidentiality: Protection of business secrets and proprietary information
• Liability Limitations: Clear boundaries of responsibility under German law
• Dispute Resolution: German jurisdiction and applicable law specifications
• Signature Block: Space for authorized representatives' signatures and company stamps

Let's compare a Referral Agreement with an Affiliate Agreement, as these are commonly confused in German business relationships. While both involve business partnerships and commission-based compensation, they serve distinct purposes and operate under different legal frameworks.

• Compensation Structure: Referral Agreements typically involve one-time payments for successful introductions, while Affiliate Agreements usually feature ongoing commission structures for continuous sales or traffic
• Relationship Duration: Referral arrangements often focus on specific, individual introductions, whereas affiliate partnerships establish long-term, automated marketing relationships
• Legal Requirements: Under German law, Referral Agreements need explicit client consent for data sharing, while Affiliate Agreements focus more on marketing compliance and tracking disclosures
• Performance Tracking: Referral Agreements rely on direct verification of successful introductions, but Affiliate Agreements use automated tracking systems and cookies
• Marketing Rights: Affiliate Agreements grant specific brand usage and promotional rights, while Referral Agreements typically limit marketing activities